
Class. 
Book. 






^ rycl 

HISTORICAL SKETCHES '" 



THE UNITED STATES, 



FROM THE PEACE OF 1815 TO 1830. 



BY SAMUEL PERKINS, ESGIUIRE 



NEW YORK: 

PUBLISHED BY S. CONVERSE. 
1830. 



-i^ 



UisTRicT OF Connecticut, ss. 

BE it remembered, That on the fifteenth day of October, in the fifty-fiftii 
year of the Independence of the United States of America, Samuel Perkins, 
of the said district, hath deposited in this office the title of a book, the 
right whereof he claims as author, in the words following, to wit : 

"Historical Sketches of the United States, from the peace of 1815 to 1830. 
By Samuel Perkins, Esquire." 

In conformity to the act of the congress of the United States, entitled " An 
act for the encouragement of learning, by securing the copies of maps, 
rharts, and books, to the authors and proprietors of such copies, during the 
limes therein mentioned ;" and also to an act, entitled " An act supple- 
mentary to an act, entitled An act for the encouragement of learning, by 
securing the copies of maps, charts, and books, to the authors and proprie- 
tors of such copies, during the times therein mentioned, and extending the be- 
nefits thereof to the arts of designing, engraving, and etching historical and 
"t her prints." 

CHARLES A. INGERSOLL, 

Clerk of the District of Connecticut. 

A true copy of record, examined and sealed by me. 

CHARLES A, INGERSOLL, 

Clerk of the District of Connecticut. 



\\ 



'J 



Sleight &. Robinson, Printers, ^6 William Street. 



PREFACE. 



The favorable manner in which a work, entitled 
•' A History of the late War/' has been received, has 
induced the writer to continue a history from the 
peace of 1815 to the end of the first session of the 
twenty-first congress, May 31st, 1830. 

Its objects are to give a correct and connected ac- 
count, 

1st. Of the military and naval transactions, em 
•bracing the Algerine war; the measures taken to 
suppress piracy ; and the Seminole war : 

2d. Of the proceedings of congress and the execu- 
tive relating to important subjects of general policy : 

3d. Of judicial decisions on constitutional ques- 
tions : 

^ih- Of diplomatic discussions: 



IV PREFACE. 

5th. Of the affairs of Europe, and the repubUcs of 
Southern America, so far as they affect their relatione 
with this country. 

In the course of the fifteen years embraced in this 
history, many important constitutional questions have 
arisen, been fully discussed, and the opinions of the 
severaldepaitments of government expressed on them. 
Though most of the subjects are familiar to the com 
niunity, it is thought that a concise and connected 
view of the leading principles on which the govern 
ment has proceeded, during this period, might be 
useful. 

Few occasions have occurred to call into exercise 
American valor. Such as have, are highly honora- 
ble to the country. One object of this work is to pre- 
serve a record of them, and bring them to the recol 
lection of the citizens. They are now to be found 
only in the fugitive pubUcations of the day. 

The diplomatic discussions have been highly im 
portant and honorable to the nation. Their princi- 
pal object, on the part of the United States, has been, 
to obtain redress for injuries; on the part of other na- 
tions, to avoid or procrastinate the claims. Another 
object has been to place commercial intercourse on a 
footing of a fair and hberal reciprocity ; and a third, 
to abolish the slave trade, and the practice of priva 



rREFACB. 



leering; the government uniformly adopting- the 
Washington policy of avoiding all political connec- 
tions. A view of these discussions, which is attempted 
m this work, is interesting, as it affords a knowled-e 
of the feelings and policy of other nations toward. 
this. 

The work is not intended as an electioneering ob- 
ject. At the same time, it is not the wish, nor within 
the power of the writer, to conceal his views of the 
prominent measures of the several administrations 
wnhm the period, or to prevent the operation which 
a candid view of past transactions may have on pub- 
lic opinion. In expressing them, however, he trusts 
It has always been done with a sacred regard to pri- 
vate character. 



CONTENTS. 



CHAPTER I. 

Peace establishment. Reduction of the army. Division into mili 
tary districts. War with Algiers. Its causes. Capture of an 
Algerine frigate and brig. Negotiation and treaty with the dey. 
British expedition against Algiers. Its result. Negotiations 
between Great Britain and tlie United States. Convention ot 
1815 P^^^^^ 

CHAPTER II. 

First meeting of the I4th congress. Message. Repeal of internal 
duties. Sectional divisions on the tariff. Claims resulting from 
the war. Compensation law. State of the currency. Origin of 
banks. Defects in the American system. Bank of the United 
States. Provisions of its charter. Presidential election of 1817. 
Congressional caucus. Origin and effects of caucuses. Page 35 

CHAPTER III. 

Pecuniary embarrassments, subsequent to the war. Emigration. 
State of parties after the peace. Claims of American citizens, on 
foreign governments. On France. Spain. Naples. Holland. 
Their amount. Princii .es by which they are supported. Page 57 

CHAPTER IV. 

Second session of the 14th congress. Message. Compensation law 
repealed. Internal improvements. Their importance. Mr. Gal- 
latin's report on the subject. Bill for, passed both houses. Nega- 
tived by the president, on constitutional objections. Mississippi 
admitted. Electoral votes counted. Mr. Monroe's inaugural 
address. Principles of his administration developed, in a cor- 
respondence with GeneralJacfeon. His tour, o . . Page 72 



V"l CONTENTS. 

CHAPTER V. 

Piratical establishment of Aury at Galveston and Amelia Island 
destroyed. Seminole war. Instructions to General Gaines, and 
to GeneralJackson. Indian villag-es destroyed. Arbuthnotand 
Ambrister taken. Their trial and execution. Floridas taken. 
Correspondence between General Jackson and the g-overnor of 
Georgia. Remonstrances of Spanish g-ovemment, and proceed- 
mg-s of cong-ress relating- to the Seminole war. . . . Page 91 

CHAPTER VI. 

State of Europe. Progress of American principles. State of 
France. Disposition of the Bonaparte family. Cong-ress at Vi- 
enna. Holy alliance. Several meeting's. Their professions, 
views, and proceeding's. Revolutions in Piedmont, Naples, and 
Spain, suppressed by their orders. Their views in relation to 
Spanish America Pag-e 117 

CHAPTER VII. 

First meeting of the 15th congress. Message. Revolutionary pen- 
sion law passed. Beaumarchais claim. Bank of the United 
States mismanaged. Its embarrassments. Directors changed 
Credit restored. Judicial decisions. Hunter's case. On state 
bankrupt and insolvent laws. Cohens vs. Virginia. Steamboat 
""^^ Page 135 

CHAPTER VIII. 

Negotiations with Spain. Cession of the Floridas. Delays of the 
Spanish government in ratifying the treaty. Communications 
to congress on the subject. Florida treaty ratified. Extension 
of the northwestern frontier posts. Mandan villages. Yellow- 
stone river. Application of a German adventurer to be employed 
mthe office of secretary of state. Mr. Adams' reply. Second 
meeting of the 15th congress. Matthew Lyon's case. Report of 
the secretary of war, oa roads and canals. . . Page 159 

CHAPTER IX. 

First session of the 16th congress. Admission of Maine and Mis- 
souri. Missouri question. Origin of slavery, and its introduc- 
tion into the American system. Excitement on the subject. 
Tariff discussion. Separation of the committee of commerce 



CONTENTS. IX 

and manufactures. Report of committee on manufactures. Na- 
vig-ation act. Fourth census Page 178 

CHAPTER X. 

Republics of southern America. Importance. Extent. Situation 
as to relig-ion, morals, education, and commerce. Progress of 
their revolution. Views of the government and people of the 
United States regarding them. European policy respecting them. 
Expulsion of the Spanish troops. Difficulties attending" their 
internal affairs. President's message relating to them. Recog- 
nition of their independence. Panama mission. . Page 195 

CHAPTER XL 

Death of Commodore Perry. Duel between Decatur and Barron. 
Second session of the 16th congress. Proposition to reduce the 
civil list negatived. Reduction of the army. Situation of pub- 
lic lands. Relief of land debtors. Electoral votes counted, and 
result declared. Inaug^ iral address. . . . Page 215 

CHAPTER Xn. 

Forty-fifth anni versa r). Mr. Adams' address. Death of Napoleon. 
Diplomatic discussions with France. Possession of Floridas 
under the treaty. General Jackson appointed governor. His 
proceedings. Principles of the United States, in relation to colo- 
nies, compared with European Page 226 

CHAPTER XHI. 

First meeting of the 17th congress. Bankrupt bill discussed. Ap- 
portionment of representatives. Death of General Pinckney. 
Cumberland road bill. Discussion with Russia relating to the 
northwest coast. Deported slaves. Russian ukase against free- 
masons. Decoudray's expedition. Second session of the 17th 
congress. Page 233 

CHAPTER XIV. 

Debts due for the sale of lands. Western banks. Charges against 
the secretary of the treasury. Report of a committee thereon. 
Piracies in the West Indies; their principal haunts. Armament 
for their suppression under Commodore Porter. Key West ; its 
situation. Foxardo affair. Charges against Commodore Porter ; 



X CONTENTS. 

his trial, defense, and poutence of the court. Appointed to the 
command of the Mexi ,n navy ; his proceeding's. Page 249 

CHAPTER XV. 

(rreece. Commencement and progress of the revolution. Contri- 
butions for its relief. Views of European g'overnments, and of 
the United States respecting- them. Present state of that people. 
First session of the 18th congress. Tariff. Report of the com- 
mittee of manufactures. Final passag-e of the bill. Proceeding's 
in Great Britain to defeat its effects. Massachusetts claim. Bill 
to abolish imprisonment for debt. . . . . Pag-e 260 

CHAPTER XVI. 

Presidential election of 1825. Cmdidates. Their respective 
claims. Propositions to amend the constitution on the subject. 
Org-anization of parties. Their exertions. State of the electo- 
)-al votes. Vote in the house of representatives. C'harg-es ag-ainst 
Messrs. Clay and Adams. Mr. Adams elected, Inaug-ural address. 
Formation of the cabinet. Second meeting- of the 18th congress. 
Review of Mr. Monroe's administration. . . Page 273 

CHAPTER XVn. 

Lafayette's arrival, and reception in the United States. His tour. 
Reception in congress. Grants to him. Jealousies of the French 
government regarding his visit. Number and character of the 
free colored population. Conspiracy of the blacks at Charleston. 
American colonizaticni society. Its objects, proceedings, and 
success. Emigration of free blacks to flayti. . Page 291 

CHAPTER XVm. 

Indians. Number. Title to lands. General character and cus- 
toms. Efforts to civilize them. Process of obtaining their lands. 
Principles of the government regarding them. Georgia and the 
Creeks. Treaty of the Indian Springs. Compact of 1802. Che- 
rokees. Their progress in civilization. State jurisdiction ex- 
tended over them. Principles and proceedings of the adminis- 
tration of 1829, regarding the Indians. . . . Page 310 

CHAPTER XIX. 
State of parties consequent on Mr. Adams' election. First session 
of the 19th congress. Propositions to amend the constitution. 



CONTENTS. XI 

Report on discriminating- tonnag-e duties. Of eng-ineers on in- 
ternal improvements. Panama mission. Mr. Benton's report 
on executive patronage. Debate respecting compensation for 
slaves killed at New Orleans. . . ., . Page 362 

CHAPTER XX. 

Fourth of July, 1826. Death of Adams and Jeflerson ; how no- 
ticed. Important principles settled during their political course. 
Freedom of the press ; of political and religious discussion and 
opinion. Amelioration of criminal law. Penitentiary system. 
Improvement in laws respecting the collection of debts, and the 
transmission of lands. Internal improvements. Project of a 
canal across the isthmus of Panama. Tea cases. Morgan's ab- 
' duction. Page 343 

CHAPTER XXL 

Second session of the 19th congress. Reports of committees of 
commerce on the British colonial trade. Value of that trade to 
the United States estimated. French spoliations before Septem- 
ber, 1800. Woolens bill lost. Harrisburgh convention to pro- 
mote manufactures. Columbia anti-tariff convention. Dr. 
Cooper's address. Mr. Calhoun's appeal to the house on the 
subject of a newspaper charge. A challenge resulting from it. 
Baker's case. North-eastern boundary. . . Page 367 

CHAPTER XXII. 

First session of the 20th congress. Treasury report. Revision of 
the tariff. Committee of manufactures. Call for testimony al- 
lowed. Tariff bill passed. Mr. Chilton's retrenchment resolu- 
tions. Report of Committee thereon. Dissent of minority. 
Free navigation of the St. Lawrence discussed. Death of Gene- 
ral Brown, and appointment of successor. Excitement in the 
south respecting tariff. Views of the British government re- 
specting it. Fortification of the Canadas. . . Page 383. 

CHAPTER XXIIL 

Presidential election of 1829. Candidates. Preparatory measures. 
Nomination of General Jackson. Result of the electoral votes. 
Mr. Adams' last message. Reports of the secretaries. State of 
the nation at the close of the administration of 1825. Effects of 
contests for the presidency, . ' . . . Page 398 



XU CONTENTS. 

CHAPTER XXIV. 

Commencement of the administration of 1829. Tenure of office- 
Meeting- of the senate. New principles in relation to appoint- 
ments and removals. Meeting of the Virginia convention to re- 
vise their constitution. Its proceedings, and result. First meet- 
ing of the 2 1st congress. Subjects recommended in the message. 
Debates on Mr. Foot's resolutions respecting public lands. De- 
bates on the Indian bill. Report of committee on U. S. bank. 
Proceedings of the senate relating to appointments and remo- 
vals. Veto on the Maysville road bill. New organization of 
parties Page 408 

CONCLUSION. 

American system of education compared with European. Com- 
mon schools. Academies. Colleges. Their number, and an- 
nual meeting of graduates. Motives to exertion. Display of 
American talent. Annual executive messages and documents- 
Diplomacy • Page 435 

INDEX Page 439 



HISTORICAL SKETCHES, &c 



CHAPTER I. 

Peace Establisiiment—Objects for which a military force is maintained ia 
time of peace— Meeting of a board of general officers nt Washington, for 
reducing the aim y— Their instructions and report— A proposed meeting 
of disbanded officers at Harrisbuigli — Its objects— Division of the United 
States into military districts— War with Algiers— Its causes— Treatment 
of the American Consul by the Dey— Capture of several vessels ; and sla- 
very of their crews— Sailing of Decatur's squadron— Capture of an AI- 
gerine frigate and brig— Decatur appears before Algiers — Negotiation and 
treaty with the Dey— Decatur's visit to Tunis and Tripoli — Obtains satis- 
faction from those regencies for injuries to American commerce during the 
war with England— Arrival of Commodore Bainbridge witli the second 
division of 'he fleet— Return of the expedition— Its beneficial results- 
Loss of the Epervier— British war with Algiers— Lord Exmouth's expe- 
dition — Success, and treaty — American negotiations with Great Britain- 
British commissioners refuse to treat on the subject of neutral rights — 
Dispute reiaiing to the fisheries— British claims on the subject of the> colo- 
nial trade— Propositions of the American commissioners rejected— The 
subject postponed— Convention of 1815— Efi'ects of this negotiation on 
American policy. 

Peace establishment. The transition of any country from 
war to a state of peace, is attended with many embarrassing 
circmnstances. Those of the peace of 1815 in the United 
States were of apeculiar character. InEm-opean monarchies, 
military officers are appendages of the crown. Having once 
obtained a commission, the holder is an incumbent for life. If 
in arranging a peace establishment, his active service is not 
required, he retires on half pay, bound to repair to the stand- 
ard of his sovereign at any future call. The armies and- 
navies kept up in time of peace are so numerous, that their 
reduction to what is denominated a peace establishment at 
the close of a war, is attended with no serious difficulties. 
Not so in the United States. The genius of their govern- 
ment is essentially pacific. No useless corps of pensioned 
officers is to be retained. At the close of the war, they, with 
their soldiers, are to be discharged, and must resume the cha- 
racter of citizens, except only such numbers as a prudent ro- 
■9. 



14 niSTOHlCAL SKETCHES CH. I. 

gard to the preservation of peace renders it expedient to 
retain. 

The only objects for which an American army can be 
kept up in time of peace are, to garrison the fortresses on 
the sea-board with such numbers as should be necessary to 
preserve them from dilapidation ; to establish posts on the 
frontiers sufficient to protect them from Indian incursions; 
to preserve some knowledge of the military art ; and to 
form a nucleus around which an army may be collected in 
the event of a war. For these purposes a comparatively 
small number is necessary. The congress which were in 
session at the time when the treaty of peace was ratified, 
fixed the military establishment at ten thousand. The 
number of field officers then in service amounted to two 
hundred and sixteen ; and of regimental to two thousand 
and fifty-five ; of the former thirty-nine, and of the latter 
four hundred and fifty were to be retained. In making this 
selection the executive had a delicate and difficult task to per- 
form. The late war had called into active service a fine corps 
of officers, many of whom had distinguished themselves on 
various interesting occasions. The exchange of a military 
for a civil life is seldom desired by an officer ; with few ex- 
ceptions, all were anxious to be retained, and the claims 
among a grea! proportion were so nearly balanced, that a 
designation of the requisite number must necessarily dis- 
appoint the expectations, and wound the feelings of many. 

Board of General Officers. Generals Brown, Jackson, 
Gaines, Scott, Macomb, and Ripley, the first two with the 
rank of major general, and the last four as brigadiers, 
were retained in service, and ordered to repair to Washing- 
ton to assist in organizing the establishment. 

They v/ere instructed to recommend such only as were 
competent to engage an enemy in the field. Distinguished 
military and approved moral character was to form the basis 
of their selections. Where the claims of the candidates 
were in these respects equal, length of service, a capacity 
for civil pursuits, and their pecuniary circumstances might 
be taken into account. Where neither direct nor collateral 
circumstances furnished a distinction, their decision might 
be governed by lot. Under these instructions the board of 
general officers proceeded to make the selection, and early 
in May, reported a list of the requisite number of officers 
to be retained, which was approved by the president, and 
occasioned much less dissatisfaction than was apprehended. 
In publishing the orders for disbanding the army, Mr. Dallas, 
the acting secretary at war, remarks, "that the president 



1815. OF THE UNITED STATES. 15 

desires it to be distinctly understood that, from the designa- 
tion of the officers who are retained, nothing- more is to be 
inferred than his approbation of the designated individuals, 
without derogating, in any degree, from the fame or worth 
of those whose lot it is to retire. The American army of 
the war of 1812, has hitherto successfully emulated the pa- 
triotism and valor of the army of 1776. The closing scene 
of the example remains to be performed ; having established 
the innependence of' their country, the revolutionary war- 
riors cheerfully returned to the walks of civil life, many of 
them became the benefactors and ornaments of society, in 
the prosecution of various arts and professions , and all of 
them, as well as the veteran few who survive the lapse of 
time, have been the objects of grateful rpcollection, and con- 
stant regard. It is for the American army, now dissolved, 
to pursue the same honorable course, in order to enjoy the 
same inestimable reward. The hope may be respectfully 
indulged, that the beneficence of the legislative authority 
will beam upon suffermg merit. An admiring nation will 
unite the civil with the martial honors, which adorn its Iie- 
roes, and posterity in its theme of gratitude will indiscrimi- ' 
nately praise the protectors and the founders of American 
Independence." 

In pursuance of this advice, most of the disbanded offi- 
cers returned to their civil occupations without complaint. 
A number, however, who had resorted to Washington for the 
purpose of procuring themselves to be retained in service, 
attempted to call a general convention of their brethren at 
Harrisburgh in Pennsylvania, for the purpose of soliciting a 
further reward for their services from the government. 
Soon after the determination of the executive was known in 
relation to the persons to be retained^ a publication appeared 
in the National Intelligencer, calling upon the disbanded offi- 
cers to hold meetings in their respective districts on the 1st 
f)f September, for the purpose of appointing delegates to 
the proposed convention ; the objects of which were stated 
to be, 

To apply to the general government for such pecuniary 
emolument as would place the discharged officers of the late 
army on a footing with those of the revolutionary war : 

To obtain pensions for the individuals of any grade and 
rank, who, by their services and sufferings had merited 
them : 

To obtain from the next congress a grant of the land 
which had been proposed to be given them by the last : 



1(5 HISTORICAL SKETCHES CH. T* 

And to endeavor to obtain an act of the government to 
secure to them a preference in any military corps hereafter 
to be raised. 

These propositions were immediately answered by a pub- 
lication from a disbanded officer through the same channel, 
in which the proposed convention is severely reprobated. 
The writer indignantly spurns at the idea of soliciting pen- 
sions from the government, except for those who have sus- 
tained wounds which disable them from labor. 

Those who have distinguished themselves in the late war. 
the writeKobserves, have the best guaranty for commis- 
sions in any future army, and it is highly unbecoming their 
spirit and dignity to solicit pensions or employment from 
the government. This timely and well written reply put an 
end to those complaints, and nothing further was heard ot 
the proposed convention. 

Military Districts. By an order from the war depart- 
ment, of the 17th of May, 1815, the United States, for mili- 
tary purposes, were divided into two districts : the northern;, 
comprehending all the country north of Virginia, and in- 
cluding the state of Ohio, and the territories of Indiana and 
Michigan ; and the southern, comprehending all the residue. 
The northern was assigned to General Brown, with Briga- 
diers Scott and Macomb ; and the southern, to Gen. Jackson> 
with Brigadiers Gaines and Ripley. 

Algiers. The situation in v^hich the United States were 
placed in relation to Algiers, forbade any reduction of their 
naval establishment. The' war in defence of maritime rights 
had scarcely closed, before it became necessary to commence 
another for the protection of American commerce and 
seamen against Algerine piracies. The northern coast of 
Africa, bordering on the Mediterranean, formerly the seat 
of commerce and the arts, has for several centuries been 
occupied by a mixture of several barbarous nations, disa- 
vowing the common principles which regulate the inter- 
course of civilized society. Mahometans in their religion, 
they consider all Christiarfs as enemies of the true faith, 
and deem it a meritorious act to plunder their property and 
enslave their persons, whenever they fall within their power. 
On these principles they carry on a piratical warfare against 
all Christian nations who do not purchase an exemption 
by tributary treaties. Divided into several regencies, with 
a population not much exceeding half a million in the 
whole, a single European power might subdue them with 
less expense, and more honor, than to pay them the t^- 



1815. OF THE UMTED STATES* IT 

quired tribute ; but national interests and prejudices have 
hitherto prevented them from taking- this honorable course, 
and induced them to seek the protection of their commerce 
by disgraceful stipends. Encouraged by this policy, the 
Barbary powers have enriched themselves, gradually ac- 
quired strength, and reduced their piracy to a system. 

The regency of Algiers is the principal, and by far the 
most formidable of these powers. The dominions of the 
dey commence on the southern border of the Mediterra- 
nean, at about the meredian of London, and extend east- 
erly four hundred and sixty miles ; and in breadth from the 
sea to the desert, an average of seventy. This territory 
contains a mixed population of four hundred thousand, con- 
sisting of Turks, Arabs, Jews, and renegado Christians, 
one fifth of which is collected in the city of Algiers. This 
city is situated on the side of a hill, rising suddenly from 
the shore of a capacious bay, in the western section of the 
territory : it is surrounded by a wall thirty feet high, a mile 
and a half in circumference, and twelve feet thick ; its ap- 
proaches are defended by five hundred cannon. The houses 
are generally built of brick or stone, contiguous to each 
other, with flat roofs, so that a person may pass on their 
tops nearly from one end of the city to the other. The 
dey's palace and some of the principal mosques are mag- 
nificent buildings ; the whole makes a beautiful and com- 
manding appearance from the harbor ; this city is the only 
one of any consequence in the territor}^, and has a consider- 
able commerce ; but the principal source of its revenue and 
wealth, is the system of piraticalwarfare carried on against 
Christian nations. 

Algerine piracy. Soon after the close of the revolu-'* 
iionary war, the commerce of the United States began to 
extend itself to the Mediterranean, and being entirely un- 
protected, became an object of cupidity 'to the Barbary 
powers. Without any previous notice, and without any 
pretext other than that congress had not purchased their 
friendship by a tribute, the Algerine corsairs, between the 
years 1785 and 1793, captured and carried i ito Algiers fif- 
teen American vessels. The ships and cargoes were made 
prizes, and their officers and crews, amounting to one hun- 
dred and eighty, condemned to slavery in its worst forms. 
Under the confederation, congress had no means to pro- 
tect commerce, or to ransom their unhappy citizens. Their 
situation attracted the early notice of the American go- 
vernment under the constitution; but without a navy, 
2* 



18 HISTORICAL SKETCHES. CH» I 

and without an adequate revenue, it could do no more than 
adopt the European tributary system. 

First treaty with Algiers. Negotiations were set on 
foot under the direction of Colonel Humphrey, the Ameri- 
can minister at Madrid, which terminated in the year 1795.. 
in a treaty providing for the ransom of the captives, for 
^800,000, being about eight thousand dollars for each per- 
son, then remaining alive, and the payment of an annual 
tribute of twenty-three thousand dollars in maritime stores, 
Sufficient funds were provided, but owing to the confused 
state of things in Europe, it became impossible to remit 
Ihem by the time stipulated in the treaty. This delay was 
made a pretext for further exactions. The dey refused to 
deliver up the captives, and his ultimate compliance was 
purchased by a further present of a frigate of the value of 
one hundred thousand dollars. The tribute continued to 
be paid, and peace with the dey preserved, until the com- 
jiiencement of the war of 1812. At this period his mari.- 
lime strength had considerably increased by his exactions 
from the United States and several European powers. He 
was induced to believe that a war between Great Britain 
and America, would annihilate the naval power of the 
latter, and render its commerce a rich and unprotected 
prey to his corsairs. He had then just concluded a 
treaty with Portugal, by which he had exchanged the 
privilege of pirating on the commerce of that na- 
tion for an annual tribute. About the same period his old 
enemies, the Sicilians, had purchased the protection ot 
England, by which he was deterred from pirating on them. 
The principal source of his revenue arising from a share in 
the prizes of his corsairs, was by these circumstances 
greatly diminished, and he was induced to seek a war with 
the United States to replenish his coffers, and give em- 
ployment to his marine. 

Pretences of the dey for the renewal of his piracies. 
With a power governed by principles like those of the 
dey of Algiers, little pretence or provocation was neces- 
sary. In the present instance his claims were ; that the 
cargo of the ship Allegany, which arrived at Algiers in 
July, 1812, with naval stores for the payment of the annual 
tribute, stipulated by the treaty of 1795, did not contain 
such an assortment of articles as he had right to expect : 
and that the year mentioned in that treaty, was the lunar 
year of the Mahometan calendar, embracing twelve revo- 
lutions of the moon, and a period of three hundred and 



1815. OF THE UNITED STATES. * 10 

fifty-four days only : this, in the course of the seventeen 
years that the tribute had been paid, made a difference of 
half a year. On this account the dey demanded an ar- 
rearage of twenty-seven thousand dollars. This was the 
first time that the distinction between the Christian and 
the Mahometan year had ever been claimed, and was now 
evidently brought forward as a pretext for exacting money, 
or declaring war. The dey gave orders to his minister of 
marine, that the cargo of the Allegany should not be re- 
ceived, that she should immediately quit the port, and that 
the American consul. Colonel Lear, should embark in her, 
as he would not suffer the representative of any government 
to reside in his dominions, who did not cause every article 
to be brought as he ordered. Every attempt to explain on 
the part of the consul was without effect, and he was given 
to understand, that unless the arrearage was immediately 
paid, he should be sent to the marine in chains, the Alle- 
gany and her cargo confiscated, every citizen of the United 
States in Algiers condemned to slavery, and war forthwith 
declared. After various ineffectual attempts to mitigate 
these demands. Colonel Lear received this definitive answer 
from the dey 's dragoman : that he should to-morrow niorning 
pay into the treasury twenty-seven thousand Spanish dol- 
lars, and immediately depart with his family and all the 
citizens of the United States, from the regency of Algiers. 
On failure of payment, that the penalties first threatened 
would assuredly be inflicted. This decision, delivered in a 
haughty and menacing tone, was viewed by the consul as 
conclusive ; and he, desirous of a averting the threatened^ 
calamities from himself and family, as well as from a number of 
his countrymen who were involved inthesamedununciation, 
made every effort to raise the money. As he was without 
funds, and under the severe displeasure of the dey, he found 
it difficult to procure the requisite sum. After nearly twenty- 
four hours spent in the most anxious solicitude, he found a 
friend who would accept his draft on the American consul 
at Gibraltar, and advance the money ; and by these means 
it was procured and paid into the treasury by the time limited 
in the dey's message. Having committed his concerns 
to the care of the Swedish consul, Col. Lear, with his 
family, and about twenty American citizens, embarked on 
board the Allegany for the United States ; and the dey 
immediately commenced a piratical warfare upon their 
commerce. On the 25th of August following, the brig 
Edwin, of Salem, on a voyage from Malta to Gibraltar, was 



20 mSTOKICAL SKETCHES CII, 1. 

taken by an Alegerine corsair, carried into port, and con- 
demned as a prize. The captain and crew, ten in number, 
were made slaves. 

The dey's terms of peace. The president, solicitous 
to relieve these unfortunate captives, sent a confidential 
agent to Algiers with the means of effecting their ran- 
som, and with instructions to accomplish it, if it could 
be done at the rate of three thousand dollars per- 
man. To every overture of this kind the dey replied, he 
would not sell his American slaves for two millions of dollars. 
To an application made in a confidential manner to one of 
the dey's ministers, to know what terms he expected to ex- 
tort from the United States by holding their citizens in 
slavery, it was replied, that they must pay him two millions 
of dollars for the privilege of passing the straits ; and all 
arrearages of tribute which he claimed to be due on the 
treaty of 1795, in consequence of the cargo of the Alle- 
gany's not being received, and that, then the treaty of 1795 
might be renewed. This seemed to place their prospects 
of deliverance at a hopeless distance. The war, which had 
just then commenced, shut out American vessels from the 
Mediterranean, and prevented any further attempts for the 
relief of the captives. 

Act of congress relating to Algiers. Immediately on 
the close of the war, the President called the attention of 
congress to this interesting subject. In a message of the 
23d of February, 1815, he states, "that the hostile proceed- 
ings against the American consul at Algiers in 1812, had 
been followed by acts of direct warfare against the citizens 
of the United States, trading in the Mediterranean, some of 
whom are still detained in the most rigorous captivity." 
The message concludes with recommending a declaration of 
war against that power. Congress, on the 2d of March, in 
pursuance of this recommendation, passed an act for the 
protection of commerce against, Algerine cruisers. This 
act, though it did not in terms contain a formal declaration 
of war, authorized the President to send a sufficient force 
to the Mediterranean, and adjoining seas, to protect the 
commerce of the United States ; to capture, and send in as 
prizes, all Algerine vessels, and to commission privateers 
against them. 

Commodore Decatur's expedition. TJie provisions of 
this act were promptly executed by the president ; and on 
the 20th of April following. Commodore Decatur sailed from 
New York with the Guerriere, Constellation, and Macedonian 



1815. OF THE UNITED STATES. '^1 

friffates, accompanied with six small ships of war, for the 
Mediterranean. He touched for advice at Tangiers and 
Cadiz, and arrived in the bay of Gibraltar in twenty-five 
days. Here he learned that the Algerme squadron which 
had been cruising in the Atlantic, had returned and passed 
up the straits. This fleet containing nearly the whole ot 
the dey's marine, consisted of four frigates, six corvets, 
sixteen small vessels, and forty gunboats, carrying torn- 
hundred and sixty-three guns, and four thousand seven hun- 
dred and forty-five men, and were cruising in different parts 
of the Mediterranean, acting in concert, looking out tor 
American merchantmen, and depredating on the commerce 
of those nations who had not purchased the dey's friend- 
ship by tributary treaties. At Gibraltar the commodore 
also learned that some officious Englishman had despatched 
intelligence of his arrival to Algiers. The information re- 
ceived at Gibraltar determined Decatur to proceed without 
delay up the Mediterranean, in the hope of intercepting the 
enemy before he could rotum to Algiers or gain a neutral 
port. In this he was happily not disappointed. 

Capture of an Algerine frigate and brig. On the 17th of 
June, off Cape De Gatt, he fell in with the frigate Magouda 
of forty-six guns, under the command of Rais Hammida, ad- 
miral and commander in chief of the Algerine fleet. The 
Guerriere immediately brought her to action,and captured her, 
after a running fight of twenty-five minutes. On the first 
broadside the admiral was killed, on the second the enemy 
on deck left their quarters, ran below, and abandoned the 
ship to her fate. The Algerines had thirty killed, and four 
hundred and six, including the wounded, made prisoners. 
The commodore sent his prize into Carthagena, and con» 
tinned his search after more of the squadron ; two days after- 
wards off Cape Palos, he came up with a brig of twenty-two^ 
guns, and one hundred and eighty men. After a chase oi 
three hours she ran into shoal water on the Spanish coast, 
and was followed by four of the commodore's light vessels, 
to which she surrendered after a loss of twenty-three men. 
No Americans were killed or wounded. The captured brig, 
with most of the prisoners, was also sent to Carthagena. 
where she was detained by the Spanish authorities on the 
ground that she was taken within their waters. She was 
afterwards given up to be restored to the dey, the Spaniards 
claiming it as an act of generosity on their part towards 
him. 



*--'3 HISTORICAL SKETCnES CH. I. 

Negotiations with the dey. From Cape Palos the 
American squadron proceeded to the bay of Algiers, and 
made the harbor on the 28th of June, with a view of inter- 
cepting the return of the residue of the Algerine fleet, and 
opening a communication with the dey. T king a position 
out of the reach of the enemy's guns, the commodore made 
a signal for the Swedish consul to come on board ; and 
sent a flag on shore with a letter from the president, de- 
manding of the dey a release of the American captives, 
and satisfaction for his depredations. On the receipt of 
this letter, the captain of the port, accompanied by Mr. Nor- 
derling, the Swedish consul, came on board the Guerriere, 
In this conference the commodore, who, with Mr. Shaler, had 
a joint commission to negotiate a treaty, proposed as a basis 
on which alone they would agree to any adjustment, an ab- 
solute and unqualified relinquishment of any demand of tri- 
bute on the part of the dey thereafter, on any pretence 
whatever. This proposition was haughti y rejected by the 
Algerine minister. Do ycu know what tias become of 
your fleet ? inquired the commodore. They are safe in 
Bome neutral port,was the reply. Not all of them, answered 
Decatur, and gave him the particulars of the capture of the 
frigate and brig, and the death of the admiral. On the Alge- 
rine's expressing his disbelief of this story, Hammeda's 
lieutenant was called up, who confirmed all the particulars. 
He was then willing to negotiate on the proposed basis, but 
premised that he was not authorized to conclude a treaty, and 
requested the American commissioners to state more parti- 
cularly the terms they had to propose. This being done, the 
captain of che port requested a cessation of hostilities, and 
that the negotiation might be conducted on shore, pledging 
himself for their security while there, and a safe return to 
their ships whenever they wished. Neither of these propo- 
sitions were acceded to, and the dey's minister was given 
to understand, that the negotiation must be conducted on 
board the Guerriere, and that hostilities would be continued 
against the remaining ships, which were hourly expected 
into port, until the treaty was signed. The alternative 
now presented was most humiliating to the Algerine tyrant ; 
the loss of his whole fleet, or submission to the terms of the 
American commissioners. The port captain and Swedish 
consul then went on shore, and returned on the next day 
with information that they were commissioned to treat on the 
proposed terms. A treaty in form was then produced, 
tybicli the Algerine negotiator was informed would not b*,' 



1815. OF THE UNITED STATES. 28 

varied in any material respect ; he was also told that discus- 
sion was not only useless but dangerous on his part, for if 
the Algerine squadron were to appear before the treaty was 
signed, they would assuredly be captured. On examining 
the proposed treaty, the port captain was extremely anxious 
to have the article which provided compensation for property 
which had been previously plundered, dispensed with, repre- 
senting that it had been distributed into many hands ; that it 
was the predecessor of the present dey who had commenced 
the war, and it would be unjust to make him liable for the de- 
predations of the former dey. The article was retained. 
After various attempts to obtain a truce, as well as to gain 
time, it was at length agreed that hostilities should cease, 
as soon as a boat bearing a white flag should be seen putting 
off from the shore; the Swedish consul pledging himself that 
it should not be done until the treaty was signed, and the 
captives were safe in the boat. The Algerine minister and 
the Swedish consul then went on shore, a distance of five 
miles, and returned in three hours with the treaty executed, 
and all the captives. Their great despatch saved another of 
the Algerine vessels from capture. During their absence, a 
corvette hove in sight, which would have been taken, had 
ihere been another hour's delay. 

Terms of the treaty. The principal provisions of this 
treaty, which was wholly dictated by the American nego- 
tiators, w^re, that no tribute, under any pretext or in any 
form whatever, should be required ; that all American cap- 
tives should bo given up without ransom ; that compensa- 
tion should be made for vessels captured or property seized 
or detained at Algiers ; that the persons and property of 
citizens of the United States found on board the vessels of 
other nations, which might be captured by the Algerines, 
should be held sacred ; that the vessels of either party put- 
ting into the ports of the other, should be supplied with pro- 
visions at the market price, and if repairs were necessary, 
their cargoes might be landed for that purpose without pay- 
ing duties ; that if a vessel belonging to either nation should 
be shipwrecked on the coast of the other, she should not be 
given up to plunder; or if attacked by an enemy within 
cannon shot of a fort, she should be protected, and no enemy 
be permitted to follow the vessels of either party within 
twenty-four hours of their leaving port ; and that all citi- 
zens of the United States taken in war, should be treated 
after the manner of civilized warfare, and exchanged, or 
returned at the end of the war, without ransom. The rights 



24 HISTORICAL SKETCHES CH. I. 

of American citizens on the ocean and land were fully pro- 
vided for, and the dey and regency of Algiers, in their in- 
tercourse with the United States, compelled to abandon their 
piratical system, and adopt the principles of civilized so- 
ciety. 

Immediately on the signature of the treaty, Mr. Shaler 
went on shore, and received a quantity of cotton which had ^ 
been left by the late Consul when he was driven from Al- 
giers in 1812, and ten thousand dollars as a compensation 
for property captured and destroyed.* 

General results of the treaty. The Algerine war was 
terminated in twelve days from the commencement of hos- 
tilities, by this treaty, so highly honorable and advantageous 
to the United States, without the loss of a man on their 
part. Its very favorable result, owing as well to the braveiy 
of Decatur and his men, as to the fortunate circumstance of 
the dey's fleet being at sea on the arrival of the American 
squadron, and his anxiety to prevent tlieir loss, was of the 
more consequence, as it led to the abolition of the disgrace- 
ful practice of paying tribute to the piratical states ; and 
induced a treatment of them more according to their de- 
serts. It was the first instance of a fair and honorable 
treaty's being made with Algiers without the intervention of 
tribute or presents, and furnished a noble example to other 
powers. The rencontre with the frigate and brig, and the 
subsequent negotiatiovis, clearly developed the character of 
this enemy ; severe and cruel to a prostrate foe, but a cow- 
ard in the face of manly resistance, haughty and insulting 
with the advantage on his side, but abject and submissive to 
a conquering force. 

The Algerine vessels restored. After the conclusion of 
the treaty, the American commissioners, as a gratuitous act 
on the part of the United States, agreed to give up the cap- 
tured vessels. They were induced to this by a considera- 
tion of the great expense it would require to put them in a 
condition to reach an American port, the impossibility of 
disposing of them in the Mediterranean, and the pressing* 
importunity of the dey, who represented that this would be 
the best method of satisfying his people with the treaty, and 
consequently the surest guaranty for its observance. The 
policy of the measure was the more obvious, as otherwise 
this dey would probably have fallen a victim to the indig- 



Dccatur ami Shaler's letter to the Secretarj' of State, July 4th, 1815. 



1815. OF THE UNITED STATES. 25 

nation of his subjects, and his successor would have sought 
his safety in disavowing the acts of his predecessor. 

Loss of the Epervier. Captain Lewis, in the brig Eper- 
vier, was immediately dispatched with the treaty to the 
United States ; several of the unfortunate captives took 
passage with him. The brig was lost at sea with all her 
crew and passengers. 

Decatur proceeds along the coast. The comraodorer 
having dispatched two schooners to conduct the captured 
ships from Carthagenato Algiers, and having left Mr. Shaler 
there as consul general to the Barbary powers, proceeded 
with the rest of the squadron to Tunis. Another object of 
this expedition, next in importance to a settlement with Al- 
giers, was to make a display of American ships of war along 
the Barbary coast, to convince those powers, that the war 
with Great Britain, instead of annihilating, had greatly aug- 
mented the naval power of the United Stales, and that they 
possessed both the means and the determination to protect 
their commerce in that quarter. 

The two heaviest ships of Decatur's squadron, and some 
of his smaller vessels, were prizes from the British navy. 
TJiis circumstance added much to the general impression 
made by the appearance of the American fleet in the Me- 
diterranean. Commodore Decatur was directed, after ac- 
complishing the ousiness at Algiers, to range along the 
Barbary coast, and touch in at the principal ports; and was 
to be followed by a relief squadron of heavier ships, under 
Commodore Bainbridge : both divisions contained seventeen 
ships of war, and nearly the whole strength of the Ameri- 
can navy.* 

Demand on Tunis. At Tunis Decatur learned from the 
consul, that during the war with Great Britain, two British 
merchant vessels, prizes to the American privateer Abieleno, 
having been sent into that port, had been taken out, and 
carried off, by a British cruizer ; and that a company of 
Tunissian merchants had been suffered to take the property 
of an American citizen, under pretence of purchase, at their 
own price, and much below its real value. He immediately 
addressed a note to the prime minister, demanding satisfac- 



* Decatur's squadron— Frigates Guerriere, Macedonian, Constellation; 
sloops Ontario, Epervier; schooners Spark, Spit-fire, Torch, Flambeau. 

Bainbiidge's squadron— Independence, seventy-four ; frigates United Stafe^ 
and Congress ; small vessels, Hoxer, Saranac, Chippewa, Eric, and Lj^nx. 

3 



20 HISTORICAL SKETCHES CH. I- 

tion for these injuries, and a full restoration of the property. 
The bashaw acknowledged the justice of the demands, and 
required twelve months to procure the money. This was 
refused. Satisfactory assurances were then given, that 
payment should be immediately made ; the commodore 
then landed, and received the visits of the diflterent consuls. 
The bashaw's agent arrived with the money, amounting to 
forty-six thousand dollars, at a time when Decatur was 
holding a conversation with the British consul ; throwing 
the bags down with indignation, and ad^^ressing himself to 
the Englishman, he said, *' See what Tunis is obliged to 
pay for your insolence ; you first violate our neutrality, and 
then leave us to be destroyed, or pay for your aggressions." 
The money was paid into the hands of Mr. Noah, the Ame- 
rican consul, and agent for the owners of the privateer ; 
and a messenger dispatched by the bashaw to England, to 
demand its repayment. 

Demand on Tripoli. After this visit to Tunis, the com- 
modore next proceeded to Tripoli, and made a demand for 
a similar violation of neutrality from that regency. The 
bashaw had permitted two American vessels to be taken 
from under the guns of his castle, and refused protection to 
an American cruizer within his jurisdiction. - Satisfaction 
to the full value of these vessels was obtained, and the mo* 
ney, amounting to twenty five thousand dollars, paid into 
the hands of the American consul. After the conclusion 
of this affair, the consular flag which Mr. Jones had struck 
in consequence of this violation of neutrality, was hoisted in 
presence of the foreign agents, and saluted from the ba- 
shaw's castle. 

Discharge of Danish and Neapolitan seamen. The 
commodore found here two Danish, and eight Neapolitan 
seamen, confined in slavery; and obtained their release 
without ransom. On leaving Tripoli, he touched at Messi- 
na, and landed the Neapolitans ; and then proceeded to the 
city of Naples : here he addressed a note to the minister of 
his Sicilian majesty, informing him of the liberation and 
return of his subjects, and received a highly complimentary 
reply, and the offer of any accommodation for his squadron 
that he wished. On the 31st of August he sailed for Car- 
1 hagena, expecting to meet the relief squadron under Com- 
modore Bainbridge ; but not finding him there, he proceeded 
to Gibraltar, where he was joined by that ofliicer ; and 
having reported to him his proceedings, sailed in the Guer- 



1815. OF THE UNITED STATES. 27 

riere for the United States, and arrived the 12th of No- 
vember. 

Proceedings of Commodore Bainhridge. The second 
division of the Mediterranean fleet sailed from Boston on 
the 12th of June ; made a demonstration along the Barbary 
coast, stopping several days before Algiers, Tunis, and 
Tripoli : finding that every thing which the honor and inter- 
est of the United States required from these powers, had 
been accomplished by Commodore Decatur, he proceeded 
to Gibraltar, and reached that port on the *M of October ; 
and from thence, leaving the frigate United States and se- 
veral small vessels to winter in the Mediterranean, he sailed 
for Boston, and arrived on the 15th of No', ..^mher. The 
timely exhibition of this force, and the promj^jt and effectual 
manner in which justice was demanded and enforced from 
the Barbary states, and their insults chastised, were produc- 
tive of highly beneficial consequences. The commerce of 
the United States, which before was exposed to imminent 
hazard in that region, was rendered secure ; the^American 
flag has since been so much feared and respected by those 
powers, that they have never dared to molest a single ship 
sailing under its protection ; and the national character ele- 
vated in the view of Europe. The infant navy of the 
United States, which had acquired great eel t in the late 
war, was now cherished with enthusiastic ardor by the citi- 
Eens. 

Ratifications exchanged. The original treaty which 
had been transmitted to the United States by the Epervier, 
was lost in that vessel. In the summer of 1816, a ratified 
copy was sent to Mr. Shaler, and presented to the dey for 
his acceptance; who affected not to understand why ano- 
ther treaty should be offered him ; complained that it was 
variant from the original, and msisted that it should be ac- 
companied with presents ; the appearance of Commodore 
Shaw in the bay of Algiers with a respectable squadron re- 
moved the dey's scruples, and induced him to accept the 
treaty without any further stipulations. 

Lord Exmouth's expedition. Notwithstanding the ill 
success of the regency of Algiers in their hostility against 
the United States, they ventured in the following year to 
adopt a similar course in relation to Great Britain. On a 
slight pretext, the dey seized and confiscated the goods and 
imprisoned the persons of a number of British subjects re- 
siding at Bona, an Algerine sea-port on the Mediterranean ; 
massacred some of them ; and confined the British consul 



*^8 HISTORICAL SKETCHES Clf. I, 

at Algiers in a dungeon. In August Admiral Sir Edward 
Pelew, then bearing the title of Lord Exmouth, was sent 
with five ships of the line and five heavy frigates, to demand 
satisfaction. Captain Dashwood was dispatched in the 
Prometlieus from Gibraltar, with a flag to obtain the release 
of the consul. The dey refused to give him up, or suffer 
his family to be taken away, determining to hold them re- 
sponsible with their lives for any hostility committed by the 
English. The British captain succeeded in getting off the 
consul's wife and daughter disguised in midshipmen's uni- 
form, leaving a boat to bring off their infant child. The 
surgeon gave it a composing draught, put it in a covered 
basket, and was proceeding to the boat; in passing the 
gateway, the little infant, unconscious of danger, made a 
noise by which they were discovered, in consequence of 
which the surgeon, three midshipmen, and the whole com- 
pany were seized, and thrown into a dungeon. The next 
morning, however, the dey sent off the child to its mother 
on board the Prometheus. On the 25th of August, Lord 
Exmouth, with his fleet, in conjunction with a Dutch squad- 
ron of five large sail, under the command of Admiral Ca~ 
pellon, appeared before Algiers. 

The British admiral immediately sent in a summons, de- 
manding the cautionary surrender of the Algerine fleet ; the 
release of the consul, the delivery to the admiral of all 
who had been concerned in Llie maasacro at Bona ; the re- 
newal of the former treaty, and the release of all European 
captives in his dominions without ransom. The dey, having 
obtained previous information of this armament, had taken 
every precaution to place himself in an attitude of defence. 
The clamor which the American treaty had excited among 
his subjects, had determined the dey to hazard a battle with 
the English and Dutch forces. His fleet was in harbor, and 
drawn up under the guns of the fortresses ; he had collect- 
ed an army of forty thousand Janizaries, and thrown up 
large additional works on both flanks of the city, and about 
the entrance of the mole. Relying on these preparations^ 
he sent an insolent denial to the requisitions of Lord Ex- 
mouth. On the reception of this answer, the admiral im- 
mediately bore up and anchored his flag ship, the Queen 
Charlotte, of one hundred guns, within fifty yards of the 
mole ; the other ships, with a gentle breeze, taking their 
appointed stations in line of battle. The firing commenced 
at three in the afternoon, and lasted, without intermission, 
until half past eleven. Four large Algerine frigates, fivo 



iS15. OF THE UNITED STATES. 29 

corvets, thirty gunboats, several merchant vessels, and a 
great number of small craft, comprising nearly the whole of 
the dey's marine, were destroyed ; as were also his store- 
houses and arsenal. Six thousand Algerines were killed or 
wounded, the dey's palace was pierced with several shot, 
and many houses destroyed. The English and Dutch lost 
128 killed, and 690 wounded. At two in the morning a 
J and breeze springing up, the ships v/arped off; and the 
next day a peace was concluded, as prescribed by the Eng- 
lish, stipulating the immediate release of all European 
slaves in the dominions of the dey ; the abolition of Chris- 
tian slavery forever ; a delivery to the British flag of all 
money received for the redemption of captives since the 
commencement of the year, and full reparation to the British 
consul for all the losses he had sustained in consequence of 
his confinement. These several chastisements successively 
inflicted on the Algerines by the Americans and British, 
and the destruction of their marine by the latter, obliged 
them to abandon for a considerable time, in a great mea- 
sure, their piratical system. Sweden, Denmark, Portugal, 
and Naples, however, still pay them an annual tribute of 
twenty-four thousand dollars each. 

Conquest of Algiers. To close the story of Algerine 
piracies, it is to be hoped forever, it may be added, that in 
consequence of an insult to the French consular flag, an 
armament consisting of thirty-five thousand land troops, 
under General Bourmont, accompanied by a large naval 
force under Duperre, sailed from Toulon on the first of 
June 1830; disembarked at a small port twelve miles east- 
ward of Algiers on the 16th, and commenced the bombard- 
ment of the city on the 4th of July. On the 5th the empe- 
ror's fort, the principal fortress, was abandoned, and blown 
up by order of the dey : and the French took possession of 
the city without further resistance. Algiers was reduced 
to absolirte and unconditional submission. Eighty millions 
of public treasure, a sum more than sufficient to remunerate 
the expenses of the war, was found. Private property and 
the rights of persons were respected. What disposition 
will ultimately be made of this conquest, remains yet to be 
determined. 

Newfoundland fisheries. The treaty of 1783, which 
terminated the war of the revolution, contained a provision, 
that the citizens of the United States might still enjoy the 
privilege of fishing on the British North American coast, 
and of improving the adjacent shores for the purpose of 
3* 



30 HISTORICAL SKETCHES CH. X- 

curing their fish, as they had done while British subjects. 
This privilege had been profitably improved to a considera- 
ble extent : and the fish thus taken and cured transferred to 
foreign markets, without the expense of a shipment to the 
United States. By these means the American merchant 
engaged in the fisheries was able successfully to compete 
with the British in the markets of Europe. The treaty of 
Ghent, being merely a treaty of peace, contained no pro- 
vision for the renewal of this article, and was entirely si- 
lent on the subject of the fisheries. The Americans claim- 
ed that this was a privilege which they had ever enjoyed in 
common with British subjects, not depending on the treaty 
of 1783, which was only a recognition of a pre-existing 
right ; and that the treaty of Ghent restored things to their 
former state, where there v/ere no stipulations to the con- 
trary ; and continued their fisheries on the coast in the same 
manner as before the war. The British ministry claimed 
that the separation of the United States from Great Britain 
deprived them of all privileges vv^hich they had ever enjoyed 
as' British subjects ; that the right claimed depended en- 
tirely on the treaty of 1783 ; that the declaration of war 
abrogated all the relations subsisting between the two coun- 
tries depending on former treaties ; and that the privilege 
contended for not being granted in the treaty of 1814, was 
lost. In pursuance of these principles, they issued an order 
bearing date the 17th of June, 1815, to Sir Richard Keats- 
the commanding officer on the Halifax station, to prevent 
the citizens of the United States from using the waters or 
shores of the British North American possessions for any 
purposes connected with the fisheries. This matter was 
afterwards the subject of negotiation, and the privilege ulti- 
mately obtained under some restrictions. 

Negotiations with Great Britain. The treaty of Ghent 
left the subject of commercial intercourse between the 
two countries unsettled, and contained no stipulations re- 
specting the rights of the parties, when one should be at 
war, and the other at peace. When the treaty was nego- 
tiated, the prospect of a long continued peace in Europe, 
rendered a definition of neutral rights a matter, although 
extremely desirable, yet of little immediate practical 
utility. Though the American principles on this head were 
strenuously urged on the British envoys, and at one time 
made an indispensable point in the instructions of the 
American commissioners, nothing could be obtained. In 
consequence of the return of Bonaparte from Elba, and his 



1815. OP THE UNITED STATES. 31 

resumption of the throne of France, the year 1815 opened 
with the prospect of another protracted European war. In 
such an event, the same grounds of controversy would ex- 
ist, and the same collisions spring up as had induced the war 
of 1812. The United States, having commenced a war in 
defence of their rights as neutrals, and having made peace 
without any satisfaction for their violation, orstipulation for 
their future observance, would, it was apprehended, be 
considered as having abandoned them. To prevent such a 
construction, and obtain, if possible, their recognition, as 
well as to arrange tlie subject of commercial intercourse, 
Messrs. Adams, Clay, and Gallatin, previous to their return 
from Ghent, were instructed to repair to London, and open 
a negotiation on these subjects. Alter considerable delay 
on the part of the British, and several interviews with the 
minister, a commission, c 'nsisting of Messrs. Adams, 
and Golburn, two of the Ghent commissioners, and Mr. 
Robinson, secretary of the board of trade, were designated 
to treat with the American envoys. 

Propositions of the American commissioners. At their 
first interview, the ministers of the United States being 
requested to bring forward the subjects on which they wished 
to negotiate,presentedtwo, which were left unsettled by the 
treaty of Ghent, viz. commercial intercourse and neutral 
rights. The first object they stated, embraced the direct 
trade to the British European dominions, and the trade to 
their possessions in the East and West Indies, and on the 
continent of North America. The other, the principles 
which should regulate the conduct of each nation, when 
one should be at war and the other at peace. The British 
commissioners inquired of the American, whether the two 
subjects were so inseparably connected, that a treaty could 
not be formed embracing the first, without touching the 
latter, giving them to understand, that in such an event, 
further negotiation would be useless, as they were not em- 
powered to treat on the subject of neutral, rights. The 
reply was a consent to treat on comm.ercial subjects only. 

The basis upon which the American government have 
ever been disposed to place their foreign commerce, has 
been to have the most free and unrestrained interchange of 
commodities ; to suffer any articles which the convenience 
of their citizens may require, to be imported in the ships of 
such nation as could afford them cheapest ; and their own 
surplus productions, to be exported in the same manner. 
'^Jiev sought to coosider the coramunitv of merchants 



82 HISTORICAL SKETCHES CH» I. 

throughout the world as composing one great family, grant- 
ing to all equal priviliges, and leaving capital, industry, and 
enterprise, to depend on their own exertions for success. 
These liberal principles, it is obvious, must be universally 
adopted, and be reciprocated, or be abandoned. They have 
been acceded to so far as relates to navigation, by several 
European powers, in their intercourse with the United 
States ; and treaties, founded on this basis, have been 
fomied with Sweden and Denmark. They are, however, 
altogether opposed to the British navigation system, the 
governing principle of which is to suffer no goods to be 
imported in any ships except their own, or those of the 
nation of which the imports are the production, and equally 
opposed to their protecting system, which excludes from 
their markets any foreign articles which shall interfere 
with their home industry. The direct intercourse between 
the United States and Great Britain, consisting principally 
of an interchange of the raw materials of the one, for the 
manufactures of the other, was adjusted without difficulty. 
The British commissioners were disposed to give to it 
every facility. All discriminating duties on the imports 
into either nation, whether in the ships of one or the other, 
were abolished. On the subject of an intercourse with 
their East India possessions, consisting principallv in an 
exchange of specie for the silk and cotton manufactures of 
that country, the British were willing to allow the Ameri- 
cans a participation in the trade, provided they brought 
their goods directly to the United States, not suffering 
them to be carried to the markets of Europe, without the 
expense of a double voyage. No arrangement could be 
made in relation to an intercourse between the United 
States and the British North American and West India 
colonies. The lumber, provisions, and live stock of the 
United States, are articles of the first necessity to the 
West Indies ; while the productions of the sugar cane, 
their staple, is an article of great consumption in the United 
States ; but since the acquisition of Louisiana, and the ex- 
tended and increasing cultivation of tlie cane in that region, 
their trade is comparatively of little consequence. In re- 
lation to the intercourse with the British North American 
possessions, their productions being the same with the 
northern sections of the United States, a traffic with them 
is very readily dispensed with. Still, however, the Ameri- 
can commissioners were willing to place the whole on a 
liberal footing. They were desirous of considering the 



1S15. OF THE UNITED STATES. S3 

whole British empire in a commercial view, as composing 
one great community, and of opening with it, a liberal, 
reciprocal, and unrestrained intercourse, 

British views. Not so the British ; they, steadily ad- 
hering to the principle of restraining their colonial trade to 
themselves, except when a partial and temporary admission 
of other nations to a participation of it suited their conve- 
nience, were willing to sacr fice the essential interests of the 
West India Islands to a temporary and uncertain benefit of 
the mother country. The colonial trade has ever since been 
the subject of legislative c;)ntest between the two govern- 
ments, each trying to out-do the other in embarrassing it, to 
the great injury of that portion of the British empire. 

Result of the negotiation. A temporary convention of 
four years, grounded upon the foregoing principles, was the 
result of this protracted and laborious negotiation. 

This meagre convention, obtained after much difficulty 
and delay, in a commercial view, was by no means worth 
the time and talents spent in obtaming it ; but the negotia- 
tion, as it unfolded to the view of the American government 
the principles upon which the Brit sh meant to conduct their 
commercial and maritime system, was attended with impor- 
tant results. Their refusal to treat on the subject of neutral 
rights clearly manifested a determination to improve their 
naval superiority in the European war, then expected to be 
renewed, to impose on neutral navigation, all the restric- 
tions and embarrassments to which it had heretofore been 
subjected. Paper blockades, impressments, searches, sei- 
zures, and unwarranted condemnations were again to be ex- 
pected, and the maritime rights of neutral nations were only 
to be measured by the spirit and ability manifested to sup- 
port them. This disposition, on the part of the British 
government, fortunately produced on the American, a deter- 
mination to pursue a system of naval preparation, adequate 
to resist the first aggressions on ..eutral rights. The re- 
newed European war terminated in the battle of Waterloo, 
on the 17th June, 1815. The spirit of defensive preparation 
continued in the United States ; and produced a navy of 
heavy ships competent to defend the coast, and of light ves- 
sels to assail British commerce ; so that in any future con- 
test with that nation, the advantage must be on the side of 
America. 

In a subsequent negotiation on the subject of the colonial 
trade, the parties differed only on one point. The Ameri- 
can government insisted, that the duties imposed on their 



34 HISTORICAL SKETCHES CH. I. 

lumber and provisions imported into the West Indies, 
should be no higher than those imposed on similar arti- 
cles when imported from Nova Scotia, New Brunswick, and 
the Canadas. The British rejected this proposition on two 
grounds — one, that the great abundance of these articles in 
the United States, and the facility with which they could 
be transported, would destroy a profitable branch of trade be- 
tween different portions of the empire ; the other, that they 
would not consent to regulate such trade at the suggestion 
of any foreign power. Soon after the commencement of 
Mr. Adams' presidency, this point was given up ; the Bri- 
tish then took other grounds, so that no arrangement could 
be made ; and a state of non^intercourse succeeded. 



1815. OF THE UNITED STATES. ^5 



CHAPTER II. 

First meeting of tlie 14th Congress— Message— Proceedings of Congress— Re > 
peal of the internal duties— Debates on the Tariff— Sectional divisions oil 
the subject of encouraging manufactures — Adjustment of claims resulting 
from the war — Claims of the Canadian volunteers — Of the crews of public 
armed ships for enemy's vessels captured and destroyed — Of persons con- 
nected with the army for losses of private property — Of the disbanded officers 
for a gratuitous allowance — Compensaiiiin law passed — National currency 
— Depreciated paper, its effects on the community — Origin and nature of 
banking institutions— Deiects in the American system of banks— Proposi- 
tion for a national bank — Constitutional objections — .' bill for its establish- 
ment passed — Its provisions — Debates on the bill relating to the convention 
with Great Britain — Law passed tor the admission of Indiana into the 
Union— Its provisions— Presidential election tor 1817 — Preparatory caucus 
—Proceedings and result ol it— View of the origin and effects of the caucus 
system. 

Meeting of congress. On the fourth of December, the 
period fixed by the constitution for the first meeting of the 
fourteenth congress, a quorum of bo h branches assembled, 
and the house of representatives organized themselves by the 
choice of Mr. Clay, spealvcr. On the 5th, the president sent 
his message, congratulating them on the successful termina- 
tion of the Algerine war ; a general pacification with the 
Indian tribes ; and the general prosperity of the country on 
the return of peace. 

Message. The measures recommended were, the proper 
arrangement of the finances, with a view to the receipts and 
expenditures of a permanent peace establishment : 

The adjustment of the impost duties to the objects of re- 
venue, and the encouragement of manufactures : 

The establishment of a corps of invahds, with a view to 
make provision for the aged, infirm, and disabled officers of 
the late army : 

The enlargement of the military academy at West Point, 
and the establishment of others in different sections of the 
union : 

A classification, and a new organization of the militia : 

The preservation, and gradual increase of the navy : 

A provision for the disbanded officers of the late army : 

The establishment of a uniform national currency ; 

And internal improvements by means of roads and canals. 
On the latter subject he remarks; "No objects within the 



36 HISTORICAL SKETCHES CH. 11. 

circle of political economy, so richly repay the expense be- 
stowed upon them ; there ia none, the utility of which is 
more universally ascertained and acknowledged ; none that 
do more honor to the government, where wise and enlarged 
patriotism duly appreciates them. Nor is there any coun- 
try which presents a field, where nature invites the art of 
man to complete her work for his accommodation and benefit. 
These considerations are strengthened by the political effect 
of these facilities for intercommunication in bringing and 
binding more closely together the various parts of our ex- 
tended confederacy. While the states, individually, with a 
laudable enterprise and emulation, avail themselves of their 
local advantages by new roads, by navigable canals, and by 
improving the streams susceptible of navigation, the general 
government is the more urged to similar undertakings, re- 
quiring a national jurisdiction by the prospect of thus sys- 
tematically completing so eistimable a work. And it is a 
happy reflection that any defect of constitutional autho- 
rity which may be encountered, may be supplied in a mode 
which the constitution -tself has providently pointed out." 

Arrangement of the finances. There have been few 
meetings of congress since the organization of the govern- 
ment, at which a greater variety of interesting subjects 
pressed themselves uj)on tiie consideratioii of the national 
representatives. Among tiie first, was the arrangement of 
the system of finance to a state of peace. The leading prin- 
ciple has ever been to raise the ord nary revenue from im- 
post and tonnage duties, and sale of the vacant lands; and to 
resort to internal duties and direct taxes only upon extraor- 
dinary occasions, and for l>in;t'^f] periods. The difficulties 
experienced at the commencement of the late war in ar- 
ranging and bringing into speedy operation a system of inter- 
nal revenue, and the consequent embarrassments of the 
treasury, induced the secretary to recommend a continuance 
of the least exceptionable part of that system. His views 
were supported by many enlightened financiers in both 
houses ; but a majority decided in favor of the total aboli- 
tion of the system of internal taxation, with the least possi- 
ble delay. 

Tariff. The adjustment of the tariff produced many and 
long debates, principally of a sectional character. The 
double duties imposed during the war, were to be taken off, 
and a system adopted adequate to raise a competent reve- 
nue ; and at the same time, give proper encouragement to 
domestic industry. Almofist every item of impost had its ad- 



181 5« OF THE UNITED STATES. 37 

vocates and opposers, as it affected the interests of different 
portions of the union. The sections, into which the country 
divided itself on these questions, were the east, the south, 
ind the west. 

Views of the south. The large planters of the south 
formed the predominant interest in that section ; they, hav-^ 
mg valuable staples for exportation which commanded a 
ready market, and no important home manufactures, were 
uniformly opposed to high duties, laid with a view to the pro- 
tection of American manufactures. The principles they 
advocated, were, that imposts should be laid solely with a 
view^to revenue; that industry, enterprise, and capital 
should be left to seek employment in those channels which 
afforded the fairest prospect of reward ; that prohibitory and 
protecting duties operated in an unjust and oppressive man- 
ner in favor of the manufacturer, against the consumer, and 
were contrary to the spirit of the constitution. That the 
American manufactures were yet in an infant state, and in- 
capable of supplying the wants of the people ; that destroy- 
ing the competition between foreign and domestic produc- 
tions, subjected the consumer to purchase goods of an infe- 
rior quality, and at extravagant prices. The governments of 
Europe, having a dense population, and numerous subjects 
who find it difficult to procure subsistence and employment, 
might well adopt the policy, as they uniformly had done, of 
excluding from their markets, every foreign article which 
could be raised or manufactured at home. This policy car- 
ried to its utmost extent in Great Britain, it v/as admitted, 
had made on a small island, a great, rich, and powerful na- 
tion. The situation of the United States, the representa- 
tives from the south contended, indicated a different policy : 
possessed of a rich unappropriated territory of almost un- 
limited extent, the first object of government should be to 
people that region ; and instead of confining their citizens 
to the workshops and manufactories of the east, they should 
encourage their emigration and settlement on the vacant 
territory of the west ; or, at least, that they should leave 
them to employ their industry and capital on either object, 
uninfluenced by the financial operations of government. 
The eastern section was divided into agricultural, commer- 
cial, and manufacturing classes ; the commercial portion of 
this section, apprehending their interests on this question to 
be the same with the planters of the south, united with them 
in opposing, though for different reasons, heavy prohibitory 
or protecting duties. 

I 



38 HISTORICAL SKETCHES CH. II, 

Claims of ihe manufacturers. The manufacturing in- 
terest represented in strong terms, that they had invested mi- 
iions of capital in their establishments ; that they employed 
thousands of laborers, principally women and children, who 
otherwise would be out of employment ; that they were able 
to make strong and substantial fabrics of cotton and woolen 
more durable, and in the end cheaper to the consumer, than 
foreign goods of the same class ; that the country is inun- 
dated with importations of cottons and woolens of an infe- 
rior quality, calculated by the mode in which they were 
finished to impose on the consumer, and ruin the American 
establishments; that however plausible in theory the doc- 
trine of a universsl freedom of commerce might be, the ex- 
perience of centuries had demonstrated the wisdom and policy 
of each nation's encouraging its own industry by imposts and 
prohibitions on foreign productions ; that while this policy 
was universally pursued by other nations, it would be the 
height of folly in the United States, to adopt a different sys« 
tem upon any visionary notions of universal freedom of 
commerce ; that any nation, to be rich and independent, 
must encourage the productive labor of its citizens, and 
prevent the exportation of its specie to purchase the pro- 
ductions of other countries ; that if the infant manufacturing 
establishments in the United States were left to struggle 
with foreign competition, without adequate encouragement, 
they must sink, their capital be lost, and thousands of citi- 
zens now usefully employed, be thrown into a state of idle- 
ness and want ; that with due encouragement, a domestic 
competition would be created, which would insure to the 
consumer, goods of a substantial fabric, and at reasonable 
prices. 

Views of the agriculturalists. The views of the manu- 
facturers were zealously seconded by the agriculturalists of 
the north, who found in the increasing manufacturing esta- 
blishments, a valuable market for the productions of their 
soil. The west, remote from foreign market, must evidently 
depend upon domestic manufactures for their principal sup- 
plies. Provisions, their chief production, would not bear 
the expense of transportation ; it was therefore an object 
of the first consequence with them, to establish a domestic 
market, and supply themselves with their clothing from their 
own resources. Their interests in congress found a power- 
ful advocate in Mr. Clay. Their influence was uniformly 
exerted in support of manufactures. Mr. Jefferson, whose 
opinions on subjects of political economy were deemed ora - 

m 



IS15, OF THE UNITED STATES. 39 

cular, and who had once said, let the work-shops of America 
be in Europe, and described great manufacturing cities as so 
many sinks of corruption, communicated ;m opinion to the 
public, that the varied circumstances of the country now re- 
quired a different policy, and that manufactures ought to be 
encouraged. 

Protecting principle adopted. The united efforts of 
these interests in favor of manufactures, though checked 
and in some measure counteracted by opposing considera- 
tions, ultimately led to the adoption of the principle that 
protecting duties should be laid on such articles, the manu« 
facture of which, in the United States, had been brought 
to such perfection as to supply the demand ; and where it 
had not, but was progressing under favorable prospects, 
such duties should be laid as would afford encouragement, 
without subjecting the consumer to an unreasonable tax. 
The cotton manufactures were the most prominent objects ; 
more capital was invested in them than in any other. They 
were laboring under great embarrassments, owmg to the 
large importations of India goods of the same description, 
but of an inferior quality. By a judicious and gradual in- 
crease of duties upon these goods, until they amounted to 
a prohibition, a vast capital invested in these manufactures 
was preserved ; a great domestic market opened for the 
staple of the south, and a competition excited, which in- 
sured to the consumer a strong and substantial fabric, at a 
much cheaper rate than the foreign manufacture. The 
benefits which have actually resulted to the consumer, as 
well as to the manufacturer, from the operation of this 
principle in relation to cottons, show that it may safely be 
adopted as to others. 

Nails are another article, where a duty of five cents per 
pound, amounting to a prohibition, produced a domestic 
manufacture to such an extent as to supply the market at a 
much cheaper rate than before its imposition. The same 
principle has been found in a great degree applicable to the 
articles of hats, cabinet-ware, paper, window-glass and 
leather, on which a duty of thirty per cent, has been laid 
without injury to the consumer. In short, experience, the 
only sure test of any measure of economy, has fully de- 
monstrated, that wherever the imposition of a protecting 
duty has rendered the domestic manufacture profitable, the 
skill, enterprise, and capital of the American citizen, will 
be directed to the object until the market is fully suppHed. 



40 HISTORICAL SKETCHES CH. 11. 

Woolen manufacture. Next in importance to cotton, 
is the woolen manufacture. This has not as yet experi- 
enced an equal degree of protection, owing to the belief 
that there was neither raw material nor capital employed 
sufficient to supply the demand. English goods of this 
class, of an inferior quality and at very cheap rates, con- 
tinue to be introduced in great profusion, operating to the 
depression of the woolen establishments, and must finally 
end in their ruin, unless the same protectmg principle which 
has preserved the cotton is extended to them. 

Claims resulting from the war. Another subject which 
occupied a large portion of the attention of congress, was 
the adjustment of the various claims made upon the justice 
and generosity of the government in consequence of the 
war. These presented themselves in a great variety of 
chapes ; few had suffered in their persons or property, but 
what thought they had a claim to remuneration from the 
government. 

Canadian volunteers. In the early part of the contest* 
a cons'derable number of inhabitants of Upper Canada^ 
principally emigrants from the United States, induced by 
the proclamation of General Hull, and the subsequent in- 
vasions of that country, joined the American standard, in 
consequence of which they were declared outlaws and 
traitors by the Brit'sh government, and their property con- 
fiscated. They presented a memorial to congress describing 
their merits and sufferings; and requesting a grant of 
land in the Indiana territory for their services. Their claim 
was resisted on the grouud of its immorality, as the allow- 
ance of it would have a tendency to encourage treason. 
After considerable debate their memorial was granted, and 
a large tract of land given them in that territory. 

Claims for vessels captured and destroyed. Another 
class of applicants were the officers and crews of the public 
armed ships of the United States, who claimed compensa- 
tion for enemy's vessels taken and destroyed by them during 
the war. A general provision was by law made for allowing 
them half the avails of prizes brought in; but where the 
captured ship could not be brought into port, their compen- 
sation was left to the discretion of congress in each case 
On these questions, the importance of building up the 
American navy, its great merits, and the policy of reward- 
ing the valor of its officers and men, were pressed into ser- 
vice with great effect, and produced liberal grants. Comr. 
modore Patterson and Colonel Ross were liberally rewarded 



1815. OF THE UNITED STATES. 41 

for the destruction of the piratical establishment at Bar- 
rataria. One hundred thousand dollars were given to Com- 
modore Decatur and crew, for the capture of the Algerine 
frigate, in consequence of her being given up to the dey. 

Claims for property destroyed in service. The claims 
of officers and soldiers, and persons connected with the 
army, for private property lost or destroyed in public ser- 
vice, were so numerous and complicated, that it was im- 
possible that congress should attend to them individually ; 
they therefore referred them to a commissioner of claims, 
with instructions to allov/ all those where private property 
had been used in public service, and was lost without the 
negligence or fault of the proprietor. 

Claims for vessels destroyed in harbors. Another class 
of applicants, were those whose vessels had been burn- 
ed in the harbors, or whose houses or other property 
had been destroyed, when not occupied and employed in 
public service. These claims were uniformly negatived. 

Claims of disbanded officers. The claims of the dis- 
banded officers for a gratuitous allowance, beyond their pay 
and emoluments while in service, from their number and 
amount, as well as the precedent which such a measure 
would establish, required the serious consideration of con- 
gress. They were supported by the president's recommen- 
dation in his opening message. It was urged in behalf of 
the officers, that they had left lucrative civil employments, 
and exposed themselves to danger and suffering, in defence 
of their country's rights ; that their property had suffered, 
and in many instances been lost in consequence of their 
absence ; that after three years service in the army, it was 
difficult immediately to resume the functions of civil life, 
and find employment adapted to their various talents ; that 
sound policy required a liberal provision for disbanded offi- 
cers, that when on any future emergency the country might, 
require military service, it might avail itself of the best talents. 

Objections to their claims. Against their claims it was 
urged, that the genius of the American government was 
pacific, and opposed to the mainteance of a pensioned 
band of officeis, ready to plunge the country into future 
wars, to gratify their ambition ; that it was desirable that 
this class of citizens should return to the pursuits of civil 
life, with no marks of distinction from their fellow-citizens , 
that the greater proportion of the officers now seeking a 
gratuity, are young men, who had not previously to the war 
been engaged in regular business, and had made no impor- 
■4* 



42 HISTORICAL SKETCHES CH. II, 

tant sacrifices to the public interest ; that they had no rea- 
sonable grounds to expect that their services would be re- 
quired for a long- period, or to consider the profession of 
arms as. an establishment for life ; that a pension or a 
bounty at the close of the war, would encourage idleness, 
and create in the recipients an invidious distinction between 
them and their fellow-citizens ; that their pay and emolu- 
ments while in service, were a liberal compensation for the 
duties performed ; that the numerous applications for ap- 
pointments at the commencement and during the continu- 
ance of the war, and the anxiety universally manifested at 
its close to be retained in service, afforded the most con- 
vincing evidence that the country never would suffer 
from a reluctance in officers to engage in military ser- 
vice. The charms of command, the various attractions 
of military life, and the expectations of finding opportuni- 
ties of acquiring glory in the field, always aflxjrd such in- 
ducements as will command the best talents. The genius 
of monarchal governments leads them to bestow high- 
sounding titles and liberal pensions on such of their sub- 
jects as have distinguished themselves in the field or the 
cabinet, that they might draw around their thrones a pow- 
erful aristocracy for their support. On the other hand, the 
principles of republicanism forbid the creation of privileged 
or pensioned orders. They require that the public func- 
tionaries should be liberally rewarded for the service ren- 
dered, and when that is no longer required, that they should 
return to private life, and mingle with ther fellow-citizens 
without any invidious badges of distinction. Considerations 
of this nature prevailed, and the proposition to make a 
gratuitous allowance to the disbanded officers was ne- 
gatived. 

In addition to these various classes of claims, were oth- 
ers not reduceable to any particular head, each depending 
on its individual merit. 

Compensation law. While congress were deliberating 
upon the various claims which pressed upon the trea- 
sury from every quarter, they by no means lost sight of 
what they deemed due to themselves as a legislative 
body. As the supreme national representation, the bu- 
siness of fixing their own compensation devolved upon 
themselves. The constitution, as a matter of necessity, 
provided, that the senators and representatives should re- 
ceive a compensation for their services to be ascertained 
by law, and paid out of the treasury of the United States-. 



1815. or THE UNITED STATES. 43 

In pursuance of this provision, the first congress under 
the constitution passed a law allowing to each member 
of either, house six dollars per day for wages, and the 
like sum for every twenty miles travel to and from their re- 
spective residences and the seat of government- Their 
object was to establish such a rate as would command the 
best talents, and at the same time not so high as to encou- 
rage bribery and corruption at the elections. That congress 
considered the subject of legislation to be of such a nature, 
that it could not with propriety be farmed out for a given 
sum by the year. At the first organization of the govern- 
ment, at the commencement of a war, or in other trou- 
blesome and difficult times, the public interest migh require 
congress to be in session the greater part of the time. After 
the government had been some time in operation, its course 
distinctly marked out, the system of finances arranged, and 
in times of peace and internal tranquillity, the objects of 
legislation were comparatively few. An annual session of 
three or four months would probably be sufficient for all le- 
gitimate and beneficial objects, and the members might re- 
turn to their usual occupations without further interruption. 
In the American system the whole subject of municipal law, 
the most difficult and perplexed part of legislation is con- 
fided to the state authorities, and the general government 
has little else to occupy itself about, but the maintenance 
of its foreign relations ; and the collection and disburse- 
ment of the revenue. Little, therefore, did any of the pre- 
decessors of the fourteenth congress think of constituting 
themselves permanent officers with an annual salary. So 
novel was the idea, and so much at variance with every ac- 
customed principle, that it never was before adopted by any 
legislative body. Different modes and rates of living, and 
the different value of money at different times, ought to 
vary the rate of compensation ; still a per diem allowance 
can be the only proper mode. What was an adequate com- 
pensation in 1789, might be very insufficient in 1815. Cir- 
cumstances required an increase of the sum at the latter pe- 
riod, to render it equal in value to the former. A bill was in- 
troduced, entitled '* an act to change the mode of compen- 
sation to the members of the senate and house of represen- 
tatives, and delegates from the territories," which granted 
to each member an annual salary of fifteen hundred dollars ; 
to the speaker of the house of representatives three thou- 
eand, and the like sum to that member of the senate who in 
the absence of the vice-president should be called to pre- 



44 HISTORICAL SKETCHES CH. II. 

side in their deliberations. This bill passed through its va- 
rious stages, and became a law with much less debate than is 
usual for bills of this importance. Its advocates contended, 
that many of the members were professional men, whose 
absence from their business during the winter occasioned 
the loss of almost their whole support, in consequence of 
which many men of talents were obliged to resign their 
seats, or decline an election ; that the increased rate of 
living required an addition to their wages ; that the pro- 
posed sum would not greatly exceed in value the average 
amount of compensat on for ten years past ; that changing 
the mode would probably prevent much unnecessary and 
prolix debate, and shorten the session of congress to the 
advancement of the public interest. These and other con- 
siderations prevailed ; and the bill passed the senate, ayes 
22, noes 11, and the house of representatives, ayes 81, 
noes 67. 

Public opinion. There was another party who took an 
interest in this bill, whose feelings were not easily quieted. 
The sovereign people expressed their disapprobation of 
the measure in unequivocal terms. The legislature of 
Rhode Island resolved almost unanimously, •* that while they 
disclaim all interference in the ordinary proceedings of the 
federal government, within the sphere of their constitutional 
powers, cannot avoid expressing the strong dissatisfaction 
which they feel, and which they believe is universally felt, 
at the late act of congress, appropriating high salaries to 
themselves out of the public moneys collected into the 
treasury by a course of burthensome taxes, and which the 
people were led to believe, and had a right to expect, would 
be applied to the discharge of the public debt." Similar 
sentiments, expressed in a great variety of forms by other 
state legislatures, grand juries, and other meetings of the 
citizens, together with the result of the elections to the 15th 
congress, clearly indicated the public sentiment on this 
measure. In a widely extended country, containing a po- 
pulation of every variety of character, manners, and opi- 
nions, it is very rare that any measure of government should 
be so universally obnoxious, as not to meet with some sup- 
port : aside from the small circle of legislators who passed 
this act, it found no advocates in the nation. 

State of the currency. One of the most important and 
difficult subjects which came under the consideration of 
congress, was the situation of the national currency. The 
little specie remaining in the country at the close of the 



1815. OF THE UNITED STATES. 45 

war, had found its way to England and the East Indies, in 
return for their imports, and the currency now consisted al- 
most entirely of the paper of banks chartered by the state 
authorities, over which the general government had no con- 
trol, and which had suspended specie payments. These 
corporations are formed upon principles somewhat different 
from institutions of the same name in Europe. A number 
of persons associate together, and subscribe a capital stock 
varying from fifty thousand to several millions of dollars^ 
according to their location, and the extent of the contem- 
plated business. On this capital they make loans, by dis- 
counting bills and notes on time. Their advances are 
usually made in notes of the bank, payable at their banking 
house on demand. These being generally for small sums» 
pass from hand to hand, and form the circulating medium 
of the country. The bank is also a place of deposit of mo- 
ney for safe keeping. Their charters usually limit the 
amount of bills allowed to be issued, or debts contracted, 
to fifty per cent, beyond their capital and deposits. Every 
bank conducted upon correct principles, has as many debts 
due, as it owes, with an accumulation of interest, and a 
capital stock of money paid in to the amount of two thirds 
of its outstanding debts, to meet the demands to which it 
is subject ; and with a moderate share of discretion in its 
managers, can seldom be embarrassed, and never insolvent. 
While bank bills are what they purport to be, the represen- 
tative of specie, and convertible into money at the pleasure 
of the holder, they furnish to all desirable purposes a con= 
venient specie medium ; and may be considered an impor- 
tant improvement in the commerce of society, rendering 
exchanges much moi^rapid and easy, and dispensing with 
a tedious and laborious process in the interchange of pro- 
perty. The facility too with which loans are made by the 
banks, to be repaid by easy instalments, greatly promotes 
the business and enterprise of the country. The first insti- 
tution of this nature was the bank of North America, es- 
tablished at Philadelphia on the suggestion of Robert Mor- 
ris, near the close of the revolutionary war. The public 
and private benefits resulting from this institution were 
Boon perceived, and the example followed by the principal 
cities in the union. The banking system continually in- 
creased, and extended to all parts of the country ; so that 
at the commencement of the war of 1812, there were se- 
veral hundred institutions of this character in the United 
States. Soon after that period, specie being out of the 



46 HISTORICAL SKETCHES CH. II. 

country, the banks found themselves unable to continue their 
accustomed business, and pay their bills on demand, and 
were reduced to the alternative of discontinuing their ope 
rations, or suspending specie payments. Most of them 
adopted the latter, and discounted more liberally than ever, 
with an understanding that their bills should not be redeemed 
with specie. This course changed the circulating medium 
from specie to paper, more or less depreciated, according to 
the situation and credit of the bank from which it issued. 
It is obvious, that a promise which the public know will not 
be fulfilled in terms, can never be of par value, but is worth 
more or less, according to the opinion entertained of the 
honor of the maker, of his ability and disposition to pay, 
or of the legal means of coercion. The latter was out of 
the question. These corporations having no visible exist- 
ence, or tangible property, an execution against them could 
avail the creditor nothing. A power of issuing bills for a 
circulating medium not to be redeemed on demand, was 
liable to great abuse, and in the hands of unprincipled spe- 
culators, afforded a convenient opportunity for imposing on 
the credulity of the public. Several radical defects existed 
in the outset of the banking business. The property of the 
individual stockholder, beyond the amount of his capital, 
was not liable for the debts of the bank. The legislatures 
who created these institutions, either did not possess the 
means of restraining the hanks within their chartered limits ; 
or were extremely remiss in using them. Scarcely a bank 
could be found which had not greatly exceeded its charter in 
contracting debts. 

No effectual laws were passed punishing those who, under 
the cloak of a bank charter, conducted business on a ficti- 
tious capital, and perverted the funds pledged for the redemp- 
tion of their bills. While an individual who counterfeited 
a dollar of this paper was punished with the loss of liberty, 
and rendered infamous, a company of speculators might 
possess themselves of a bank charter, issue bills to an un- 
limited amount, without a dollar of real capital, and enrich 
themselves with the fruits of their fraud with impunity. No 
field for the perpetration of villainy can long remain unoc- 
cupied. Bank charters were obtained, a fictitious capital 
created by taking stockholders' notes for the amount of their 
subscriptions, without any other security than their shares, 
and on this baseless system, bank paper issued to an unlimited 
extent, with which the stockholders enriched themselves. 



1815. OF THE UNITED STATES. 47 

The bank was then declared insolvent, its doors shut, and 
the unsuspecting bill holder left to put up with the loss. 

Another mode was, where the original stockholders were 
men of probity and capital, and had actually paid in their 
subscriptions, for speculators to purchase a sufficient num- 
ber of shares to obtain the control of the bank, then draw- 
out the funds on their own security, and bankrupt the institu- 
tion. Instances of frauds of this description took place in 
different parts of the country, more were apprehended, and 
a general distrust of bank paper took place, which occa- 
sioned its further depreciation. That legislatures should 
have been so incautious, and regardless of the safety of the 
community, as to impart to individuals, they knew not whom, 
a power of issuing bills for a circulating medium, to an ex- 
tent which had no practical limits, without any personal 
responsibility, became matter of astonishment and regret, 
when its effects came to be felt. The delusion, however, 
pervaded every state in the union. Evils of the most seri- 
ous and alarming nature resulted from this state of things, 
both to the public treasury and individual credit. Specie 
was not to be had to discharge custom-house bonds, and 
other treasury claims ; the paper of the banks was at very 
different rates, at different times and places. No general 
etandasd value could be fixed below the nominal. Duties 
collected in different ports were paid in paper of very dif- 
ferent value, and when disbursements were required to be 
made at places remote from the place of collection, great 
losses were sustained. Difficulties of the same nature at- 
tended private transactions. Money was not to be had for 
the purposes of traveling, or distant remittances. Creditors 
exacting specie from their debtors could obtain their pro- 
perty almost upon their own terms : when willing to receive 
their demands in paper they had no means of ascertain- 
ing its value, or of determining whether it was worth any 
thing. . 

Proposition for a national bank. The secretary of the 
treasury, after giving a minute detail of the state of the 
finances, pointed out the embarrassments to which the trea- 
sury, as well as the community, was subject, in consequence 
of the want of a circulating medium of a uniform value ; and 
recommended the establishment of a national bank. The 
question whether congress possessed the constitutional 
power to create such an institution, had undergone many 
critical and elaborate discussions in congress, and before the 
highest judicial authorities ; and had resulted in a settled 



4B 



HISTORICAL SKETCHES CH. It. 



opinion in the affirmative. It was not claimed that there 
was any clause in the constitution, conferring this power on 
congress, in express terms. But under the clause in the 
preamble, declaring the object of the instrument to be, to 
promote the general welfare, and that clause in the body of 
the constitution, which confers the power of making all 
laws necessary and proper to carry into effect the powers 
specifically delegated, the power of creating banking insti- 
tutions was claimed to be included, as a necessary and proper 
measure, to conduct the financial concerns of the nation. 
The administrators of the government, in the construction 
of their own powers, have at all times given them the most 
liberal interpretation, and under these general clauses, have 
extended them to almost every case on which it was judged 
convenient to legislate. 

Charter o/1791. At the commencement of the govern- 
ment, the secretary of the treasury, in an elaborate commu- 
nication to congress, pointed out the utility, necessity, and 
constitutionality of a national bank ; which led to the esta- 
blishment of one, limited in its duration to twenty years, in 
1791. At the expiration of that charter, the administra- 
tion of the government had passed into other hands. The 
general utility of the institution had been tested by experi- 
ence ; and the rapidly increasing commerce and re'^nue of 
the country seemed to require its continuance. But such a 
moneyed institution was found to possess an extensive politi- 
cal influence. The borrower generally finds it necessary to 
subserve the views of the lender. He very naturally ap- 
prehends that accommodations will more readily be granted 
him, when he favors, than when he opposes those views. 
The control of millions of dollars to be loaned for indivi- 
dual accomodation, at this bank, was now in the hands of 
the party opposed to the administration, and might, it was 
apprehended, be used to their disadvantage. The adminis- 
trators of the government in 1811, had, when out of place, 
been advocates for a limited construction of the constitu- 
tion. To quiet their fears, and prevent an extraordinary 
extension of the powers of that instrument, an amendment 
had been made, providing, that *♦ the powers, not delegated 
to the United States, nor prohibited by it to the states, were 
reserved to the states respectively, or to the people." Un- 
der this amendment they contended for a strict construction 
of the constitution ; and that no such necessity for a bank 
existed as the last clause contemplated, under which it was 
claimed the power was granted. An application, made to 



1816^ OF THE UNITED STATES. 49 

the congress in 1811, for the renewal of the charter, was un- 
successful, and it was suffered to expire without a substitute. 
During the extensive financial operations, to which the war, 
which soon afterwards ensued, gave occasion, the want of 
such an institution was severely felt ; but it was now to be 
created, if at all, by those who in 1791 opposed the measure 
fin constitutional grounds ; and in 1811 refused to renew 
the charter. Its manifest necessity, however, overcome 
constitutional scruples, and the pride of opinion, both in 
the legislative and executive branches of the government. 
Propositions for a new hank. At the third session of the 
thirteenth congress, a bill passed both houses for the esta- 
blishment of a national bank ; but owing to a difference of 
opinion between them and the president, relating to some of 
its important features, it failed of becoming a law. The 
plan now recommended by the secretary, did not essentially 
vary from that adopted by the last congress. The objects 
proposed, were, 
A profitable investment of a portion of the public stock : 
A safe and convenient deposit for the revenue : 
The transmission of the public moneys from the places of 
collection to those of disbursement, without expense or risk 
to the treasury ; 

And the establishment of a uniform circulating medium 
throughout the United States. 

On the general question, of the establishment of a bank, 
There was but little diversity of opinion. After much de- 
bate on its details, an act passed both houses, and was ap- 
proved by the president on the 10th of April, 1816, to esta- 
blish a national bank. Its principal features, were. 

Terms of the charter. That its capital should consist 
of thirty-five millions of dollars, seven in specie, and twenty 
eight in funded debt of the United States : 

That the secretary of the treasury should subscribe seven 
millions in behalf of the United States, payable wholly in 
public stock : 

That the subscriptions of individuals should be payable, 
one quarter in specie, and the residue in stock, thirty per 
cent, at the time of subscribing, thirty-five on the 1st of 
July, 1816, and thirty-five on the first day of the succeeding 
January : 

That the bank should be the exclusive depository of the 
public funds, and no other should be chartered during its 
continuance : 

5 



50 HISTORICAL SKETCHES CH. It. 

That it should be located at Philadelphia, under the super- 
intendence of twenty-five directors, five to be appointed by 
the president, and twenty by the stockholders ; the presi- 
dent of the bank to be appointed by the directors from 
among those who were appointed on the part of the govern- 
ment ; and, 

That the bank should have power to establish branches 
in any part of the United States, at the discretion of the di- 
rectors. 

For these exclusive privileges, the bank was to pay into 
the treasury, a bonus of one million and a half of dollars ; 
to perform the duties of the office of commissioner of loans, 
in the several states, and transmit the government funds to 
any placess in the United States where they might be 
required, free of expense to the treasury. 

Subscriptions filled. Subscriptions were opened at the 
seat of government, and at a principal city in each of the 
United States, on the 1st of July, and continued for twenty 
days ; on the return of the subscriptions to the commission- 
ers at Philadelphia, it appeared there was a deficiency of 
$3,088,300 to complete the required capital. This was im- 
mediately subscribed by Stephen Girard, of Philadelphia ; 
and the bank commenced its operations on the 1st of Janu- 
ary following. 

Debate on the commercial convention. When the sub- 
ject of the commercial convention between Great Britain 
and the United States came before congress, the senate 
passed a bill, in general terms declaring, that all laws incon- 
sistent with that treaty were repealed. In the house of re- 
presentatives, a bill was introduced incorporating the prin- 
cipal stipulations of the convention into an act of congress. 
The object and effect of both bills were the same ; but their 
different phraseology led to an interesting discussion between 
the two houses, on the subject of the treaty-making power, 
and revived, in some degree, the questions agitated in 1795, 
on the subject of Jay's treaty, when the house of representa- 
tives claimed of the president, an exhibition of the papers, 
relating to the negotiation, and insisted on the right of with- 
holding the appropriations necessary to carry that treaty 
into effect. In the present instance, the bill from the senate 
imported, that the treaty itself, independent of any legisla- 
tive provisions, repealed all laws inconsistent with its tenor ; 
that of the house, implied the necessity of a legislative re- 
peal of the laws, imposing discriminating duties in rela- 
tion to Great Britain. In a conference between committees 



1816. OF THE UNITED STATES. 51 

of both houses, some concessions were made on either part, 
and the act, as finally passed, amounted to little more than 
a declaration of the constitutional effect of the treaty. 

Admission of Indiana. An act was passed, authorizing 
the" people ofthe Indiana territory to form a state constitution, 
and providing for their admission into the union, with the 
privilege of one representative in congress, until the next 
census. The act provides, 

That one section of six hundred and forty acres in each 
township of six miles square of the unsold lands, should be 
granted to the inhabitants of such township for the use of 
schools : 

That all salt springs within the territory, with lands for 
the use of the same, not exceeding in the whole twenty 
three thousand and fifty acres, should be granted to the state 
for the use of the people : 

That five per cent, of the net proceeds of the sale of all 
the public lands in the territory, should he appropriated to 
making roads and canals ; three-fifths to be expended within 
the state, and the residue without, in roads leading to it, 
under the direction of congress. And, 

That two thousand live hundred and sixty acres be granted 
to the state, for the purpose of fixing the seat of govern- 
ment thereon, to be located m such place as the legislature 
should direct. These liberal provisions had a salutary 
effect in encouraging settlements, and enhancing the value 
of the lands still retained by the United States in the 
territory. 

Presidential caucus. The foregoing are the principal 
legitimate acts ofthe first session of the fourteenth congress. 
Their measures, with the exception of the compensation 
law, met with the general approb.ition of the' r constituents. 
One spurious and unhallowed act of a small majority ofthe 
members was considered by a large part of the community 
as highly derogatory to the rights of the citizens, and sub- 
versive of the best principles of the constitution. The 
second period of Mr. Madison's presidency would terminate 
on the 3d of March, 1817, and the appointment of electors 
in the several states for the choice of his successor would 
intervene between the first and second sessions ofthe four- 
teenth congress. It had become an established principle 
that the same person should not hold the office more than 
two terms, and in accordance thereto Mr. Madison was not 
considered a candidate. The approaching presidential elec- 
ion became a matter of deep interest. To a correct mind, 



52 HISTORICAL SKETCHES CH. 11, 

uninfluenced by the splendors of royalty, the office of pre- 
sident of the United States appears the most honorable of 
any that can be sustained by man. There is no intrinsic 
merit or honor in being born a king, but to be elected to the 
chief magistracy often millions of people by their free suf- 
frages, is the highest attainment. The framers of the Ame- 
rican constitution manifested great solicitude to separate 
the legislative and executive branches of the government,, 
and render them mutually independent, that each might pro- 
ceed to the discharge of its high duties uninfluenced by the 
other. With this view the instrument ordains "that no 
senator or representative, or person holding an office of trust 
or profit under the United States, should be appointed an 
elector, and that no member of either branch of the legis- 
lature should, during the time for which he was elected, be 
appointed to any civil office under the authority of the Uni- 
ted States, which should have been created or the emolu- 
ments whereof should have been increased during such 
times ; and that no person holding any office under the 
United States should be a member of either branch of the 
legislature, during his continuance in office." While Wash- 
ington consented to preside over the destinies of the nation,, 
these provisions of the constitution were adhered to in their 
spirit as well as letter. Opposition to his election wae 
hopeless. On his retirement, the presidency, having in its 
gift several hundred lucrative offices, became an object of 
great intrigue and cupidity. Not only the candidate him- 
self but all expectants of office under him, became zealously 
engaged in the cause. The United States had become di- 
vided into, and nearly equally balanced between, two great 
political parties. In the succeeding presidential elections, 
it became a matter of interesting concern for each party to 
concentrate their votes on a particular candidate ; otherwise 
they were sure to fail. This formed an apology for the 
members of congress to overleap the spirit of the constitu- 
tion by interfering in those elections. Assembled from all 
parts of the union, they considered themselves possessed of 
the public sentiment, and able to give it a united direction. 
For this purpose the members of congress of either party 
assembled in what was denominated a caucus and designated 
their respective candidates for the presidency. The seem- 
ing necessity of the case, while there was a balancing of par- 
ties, kept out of view the hazardous nature of the measure ; 
and it was resorted to, when a new president was to be 
elected, in case danger was apprehended from a candidate 



1S16, OF THE UNITED STATES. 58 

of the opposite party. It requires but a slender acquaintance 
with the human character to learn, that ambition is a power- 
ful operator on the minds of men in high stations ; that this 
principle seeks the attainment of its object, by means adapted 
to the end, be they honorable or base, justifiable or criminal ; 
and that whenever mankind become enslaved, it is through 
the mad ambition of man seeking his own aggrandizement 
in the ruin of liberty. In the season of canvassing for the 
presidential election in congressional caucus, the candi- 
dates are always found at Washington : they are usually 
members of congress or of the cabinet ; but if not, they are 
sure to be there. They know the members most active in 
making the nominations, and the means by which their in- 
tegrity may be assailed. These may be expected to be ap- 
plied. The candidate having the highest honor that can be 
bestowed on man in view, must be something more thanhiu- 
man to withstand the temptation. While these congres- 
sional caucuses are endured, the people have no barrier to 
protect their liberties from destruction, but a fancied incor- 
ruptible integrity which does not exist in human nature. In 
the expected change of the presidency in 1817, the two 
prominent candidates were of the same political party, both 
high in the estimation of the people ; one at the head of the 
state, and the other of the treasury department, and stand- 
ing on nearly equal ground. The original reason for holding 
caucuses on the subject of the presidential election had 
ceased ;''and a respectable portion of the national represen- 
tation were desirious that the practice should cease with it. 
They correctly viewed it, as violating the spirit of the con- 
stitution, assuming to themselves a power wisely intrusted 
to other hands, and sacrificing the proper objects of le^sla^ _-"- 
tion to cabal and intrigue. The first congress under the 
constitution, with great sagacity, had provided that the elect- 
ors in the several states should be chosen withiri thirty-four 
days of the time fixed for giving in their suffrages, with the 
express view of preventing any intercourse between ihem 
and the candidates, but this precaution would most effec- 
tually be defeated, if the members of congress could erect 
themselves into an electoral college. While these self- 
created electors and the candidates were in the habit of daily 
intercourse, none could tell the bribery, the corrupt bargains, 
the great sacrifices of public interest that might be made at 
the shrine of ambition. Considerations of this nature had 
much influence, but did not entirely prevent a meeting on 
^he subject of the approaching presidential election. 
5* 



54 HISTORICAL SKETCHES CH, II, 

Meeting on the 16th of February. On Sunday the 10th of 
February, an anonymous notice in a printed form, addressed 
to the republican members of congress, was handed to each 
one, stating- that a meeting would be held in the hall of the 
house of representatives on the following Tuesday evening 
to take into consideration the propriety of nominating per- 
sons as candidates for the offices of president and vice pre- 
sident of the United States. In pursuance of this notice 
fifty-eight members assembled, and having organized them- 
selves by the choice of a chairman and secretary, resolved, 
" that in order to obtain a more general expression of the re- 
publicans relative to the approaching presidential election, 
the republican senators, representatives, and delegates be 
invited and requested to assemble at this place on the next 
Saturday evening, and that this invitation be given by pub- 
lishing this resolution, signed by the chairman and secretary, 
in the newspapers of the city." At the second meeting, 
one hundred and nineteen members attended, and chose a 
new chairman and secretary. Mr. Clay introduced a reso- 
lution, declaring it to be '* inexpedient to make in caucus any 
recommendation to the good people of the United States of 
persons in the judgment of this meeting fit and suitable to 
fill the offices of president and vice president of the United 
States." The question on this resolution was determined 
in the negative. Mr. Taylor, of New York, then introduced 
a resolution declaring that the practice of nominating can- 
didates for the offices of president and vice president of the 
United States by a convention of the senators and represen- 
tatives in congress was inexpedient, and ought not to be 
continued. This was also determined in the negative, and 
the meeting proceeded to ballot. The result was for the 
presidency, sixty-five votes for James Monroe, and fifty-four 
for William- H. Crawford ; and for vice president, eighty-five 
for Daniel D. Tompkins, and thirty for Simon Snyder. The 
following resolutions were then introduced by Mr. Clay, and 
concurred in without opposition : 

" Resolved, That this meeting do recommend to the peo- 
ple of the United States James Monroe, of Virginia, as a 
suitable person for the office of president, and Daniel D, 
Tompkins, of New York, as a suitable person for the office 
of vice president of the United States, for the term of four 
years, commencing on the fourth of March, 1817. And 

" That the chairman and secretary be appointed to ascer- 
tain from the persons above mentioned whether they are dis- 
posed to serve in the offices respectively designated." 



1816. OF THE UNITED STATES. 55 

Effects on other elections. The most enlightened and 
virtuous portion of the American public, viewed this mea- 
sure as one of the most dangerous tendency. The exam- 
ple is contagious. The mischiefs of the caucus system 
pervade not only the presidential election, but all the subor- 
dinate branches of government. The honors and emolu- 
ments of office excite the strongest cupidities of the citizen. 
None are so insignificant as not to attract the attention of 
some. They are open to all, but all cannot be gratified. 
At the return of the election periods, the unsuccessful were 
constantly endeavoring to get, and the successful to keep 
possession. Hence arises a political warfare of a virulent cha- 
racter. To concentrate and marshal their forces, the 
leaders of the ins and outs hold these clandestine meetings, 
at which the question is not, what candidate is best quali- 
fied for ofiice, but who will best promote the views of the 
party. The candidate being selected, the next question is, 
by what means can his election be secured ; the character 
of these means is not regarded, so be it that they appear 
adapted to the end. Electors sworn to give their suffrages, 
as they in their consciences believe will conduce to the best 
good of the commonwealth, are seen pressing to the polls 
with the utmost eagerness to carry into effect the edict of 
some private caucus, whether the candidate is known to 
them or not, whether qualified for the office or otherwise. 
This forms no part of the inquiry. This disorder appears 
in some measure incident to the representative system, not 
peculiar to any party or period, and to be of such an incu- 
rable nature as to threaten the ultimate destruction of the 
body to which it is attached. The high minded citizen of 
every party, whose integrity and talents afford the best se- 
curity for the faithful discharge of public trusts, ashamed of 
the practice, retires from the scene, and leaves the field to 
the unprincipled, the ambitious, and designing. Offices ob- 
tained by corrupt means are seldom well executed : they are 
made to subserve private views ; the commonwealth suffers ; 
the people, becoming dissatisfied, require a change, and pre- 
fer any form of government to that which places their most 
important interests in the hands of such administrators. 
It was an unfortunate circumstance, that when this disorder 
was at its highest pitch in the United States, it should have 
been sanctioned by the example of the national legislature. 
Americans exclaim against the bribery and corruptions 
of English elections. Their rotten boroughs and tumul- 
tuous and venal elections, are proverbial with the people of 



ijVt HISTORICAL SKETCHES CH. II. 

the United States ; but the latter should consider, that when 
they give their vote for a candidate imposed upon them by 
a caucus nomination, they as effectually barter away their 
rights and violate their oaths, as the Englishman who re- 
ceives a guinea for his suffrage. The difference is only in 
name ; the effects on the purity and independence of elec- 
tions, and the aid afforded to unprincipled and unqualified 
men to obtain office, are the same. Happily for the people, 
however, the remedy is in their own hands. Let them dis- 
card caucus nominations, and at the polls consider them as 
a disqualification for office ; and cabals, corrupt bargains, and 
a host of evils will disappear. 



1816. OP THE UNITED STATES. 57 



CHAPTER III. 



Pecuniary embarrassments subsequent to the war; their causes— Emigra- 
tion— Different classes of emigrants— t^tate of parties after the pi ace — 
Claims of American citizens on foreign governments— On England — 
France— Spain— Naples— and Holland— Their estimated amount — Negotia- 
tions for their settlement— The arguments by which they were supported 
and resisted. 

Pecuniary embarrasments. A variety of circumstances, 
as is usual, rendered the period immediately succeeding 
the war a time of great pecuniary embarrassment ; the con- 
sequence of which was a general chang-e of property from 
the possession of the improvident speculator and extrava- 
gant consumer, to the hands of the wary capitalist. Previous 
to the arrival of the treaty of peace, in Feb. 1815, the 
latest intelligence from the negotiators at Ghent, indicated 
the continuance of the contest for an indefinite period. Re- 
lying on a protracted war, large dealers exhausted their 
funds and credit, in attemptmg to monopolize the principal 
foreign articles of consumption The unexpected, and to 
them unwelcome news of peace, bankrupted hundreds of this 
character. The high prices wh;ch land, labor, and most of their 
productions had borne during the war, encouraged the con- 
tracting of debts; the debtors relying on a continuance of 
the same prices, when they should be called upon to dis- 
charge them. A sudden and unlooked for depression of 
nearly a hundred per cent. :'n the prices of most commo- 
dities, embarrassed this class of citizens to a great extent. 
The readiness too, with which the banks which had sus- 
pended specie payments, loaned their aper, brought to 
their counters a constant stream of customers, some to ob- 
tain loans for hazardous speculations; others to relieve 
their present wants. Here they exchanged their own notes 
with indorsers bearing interest, and payable in specie, for 
the depreciated paper of the bank, bearing no interest. 
The period had now arrived, when these banks found it ne- 
cessary to redeem their credit, by resuming specie pay- 
ments ; for this purpose they were obliged to curtail their 
discounts, and call upon the improvident borrowers for 
heavy instalments, when the productions of the country 
were low, money scarce, and the value of bank papei 



58 HISTORICAL SKETCHES CH. II. 

rapidly rising. This was a period of general embarrass- 
ment among bank debtors. 

The failure of adventurous speculators and imprudent 
borrowers, excited but little sympathy. No real wealth 
was lost to the community. The operation was a mere 
transfer of property into more provident hands ; but in the 
depression of the manufacturing interest, a serious public 
loss was felt. 

Depression of manufactures . The United States, pos- 
sessing a rich vacant territory of almost unlimited extent, 
accessible to all, are an agricultural, rather than a manu- 
facturing nation. The Br tish manufacturer, aided by labor- 
saving machinery brought to the highest point of perfec- 
tion, and always able to procure laborers at the lowest 
wages that will support animal life, can supply manufactures 
at a cheaper rate than the American. Hence, antecedent 
to the period of the restrictive system, the great mass of 
manufactures consumed in the United States, was derived 
from Great Britain. During that period, and the conse- 
quent war, foreign goods were atta-nable only in insufficient 
quantities, and at high prices. The inconvenience of de- 
pending on a foreign supply, being severely felt, led to the 
investment of much unemployed capital in manufacturing 
establishments. The facility with which water power, suf- 
ficient for these purposes, was obtainable in various sections 
of the country, strongly invited to this object. During the 
war this capital was very productive ; but at its close the 
British manufacturers having large quantities of goods on 
hand, adapted and originally destined to the American 
market, poured them into the country to an amount far be- 
yond the wants of the people, or their ability to pay, with 
a double view of vending their goods, and ruining the rival 
establishments of the United States. Many of these 
goods, after being warehoused a considerable time, were 
sold at auction at less than their first cost, and often at 
little more than to pay the freight and duties. Improvident 
people, allured by the apparent cheapness of goods, were 
induced to make unnecessary purchases. The goods des- 
tined to the American auctions were handsomely finished, 
but of the cheapest materials and texture. The' operation 
had in a great degree its designed effect ; most of the con- 
siderable manufacturing establishments were obliged to 
stop, and many of the proprietors failed. This state of 
things commenced in 1815 ; its eff'ects were more severely 
felt in the two succeding years, and continued until con- 



1816. OF THE UNITED STATES, 59 

gress, by a judicious arrangement of the tariff, in some 
measure relieved the manufacturing interest, and the 
people learning wisdom by experience, retrieved their 
circumstances by substituting a prudent use of domes- 
tic articles, for an extravagant consumption of foreign. 

Emigration. Another characteristic of the period im- 
mediately succeeding the war, and occasioned in a great 
measure by it, was an unprecedented tide of emigration to 
the west and southwest. Those regions had been traversed 
in almost every direction by American troops in pursuit of 
Indians, by means of which they became acquainted with 
their value. The destruction or complete subjugation of the 
Indian tribes, rendered the country more secure from their 
incursions than at any former period. The lands were now 
obtainable on moderate terms, and long credit. jCongress 
had adopted the policy of selling them in small sections, to 
encourage settlement rather than speculation. Large por- 
tions of them were locating o satisfy the bounties promised 
to the soldiers at the close of the war. 

The citizen of the east, whose circumstances had be- 
come embarrassed in conseq lence of the war, or from other 
causes, looked to this region as a place of refuge from his 
troubles. He had to choose between remaining at home, 
harassed with debts, seeing his more fortunate neighbors 
enjoying affluence — himself and family in want, and before 
him the prospect of an old age of poverty ; and of abandon- 
ing his home, and the rem dning comforts of miproved so- 
ciety, in the land of his fathers, and seeking a refuge in the 
wilderness. The latter aUernative presented the prospect 
of years of hard labor and hard fare, but an ultimate compe- 
tency and independence. Tlr.s was the choice of many, who, 
saving a small sum from the wreck of their property, re- 
tired to the west, and there acquired the means of a com- 
fortable support. Many, whose circumstances were en- 
tirely hopeless, hid themselves from their creditors in the 
wilderness. Another class of emigrants were young, am- 
bitious politicians, who sought fame, distinction, and politi- 
cal honors in the new settlements, where competitors were 
less able and less numerous. The tranquil state of Europe, 
succeeding the peace of 1815, brought numerous cargoes of 
emigrants to the American shores, who sought a refuge from 
starvation in the unsettled regions of the west. From these 
and various other sources, six new states grew up in the course 



^0 HISTORICAL SKETCHES CH. III. 

often years * The settlers at rirst formed a motley society, of 
every character and description, and of different and discord- 
ant habits and views. By a constant intercourse, frequent 
intermarriages, a community of wants, and associations for 
various purposes the inhabitants soon became acquainted with 
and assimilated to each other, and formed a general charac- 
ter, compounded of the whole mass. Many times, indeed, 
large companies emigrated from the same neighborhood, 
settled in the same town, and gave to their society the pe- 
culiar cast of the region from which they removed. Vari- 
ous advantages resulted from this mode. The emigrant still 
found himself among his neighbors and friends ; a propor- 
tion of necessary mechanics and school andrehgious teach- 
ers usually formed the company. Associations were rea- 
dily formed, which secured to the emigrants in their new- 
settlement many of the advantages of the old. In general, 
the rapid improvement of their own lands, and of the coun- 
try around them, and the prospect of acquiring a permanent 
support for themselves and flimilies, reconciled the emi- 
grants to their situation, and rendered them contented and 
happy. Sometimes, indeed, individuals were to be found, 
who, not being able to bring themselves to submit to the 
inconveniences and deprivations incident to a new settle- 
ment, would retrace their steps, and, returning disappointed 
and impoverished, picture in frightful terms the horrors ot 
the western wilderness. The settlers, anxious to increase 
their numbers by new em-grations, would represent their 
country as the garden of the world. The new settlements 
rapidly advanced. Convenient roads, mills, mechanics ot 
various kinds, school houses, churches, and the other inci- 
dents of improved society, soon began to appear, and assi- 
milate the condition of the new country to the old. 

Amelioration of party spirit. The great political par- 
ties into which the United States had been divided from the 
commencement of their government, began soon after the 
close of the war to lose much of their asperity ; and to 
unite in supporting the administration. Few or no ques- 
tions arose to revive old controversies. The affairs of the 
nation, though almost exclusively managed by one party, it 
was claimed by the other, were now conducted upon princi- 
ples which they had always advocated. The period seemed 
at length to have arrived, which was viewed by a former pre- 
sident as a future event devoutly to be wished, when the only 



* Louisiana, Indiana, Misssssippi, Illinois, Alabama, Missouri 



1816. or THE UNITED STATES. 61 

inquiries relating to a candidate for office might be, " Is he 
honest? Is he capable !" and when integrity and talents 
should be the indispensable requisites. Both parties now 
agreed that the constitution was the most perfect instrument 
ever devised by man. One had administered it twelve, and 
the other sixteen years. On most great national questions 
they had acted alike. Both had established a bank, and 
had extended their powers by implication, to every subject 
on which they found it convenient to legislate. The useless 
offices, and high salaries, which once afforded a fruitful 
theme of declamation against the party in power, their suc- 
cessors had increased. The two great European powers to 
which each party accused the other of being attached, to 
the prejudice of their own country, had become friends ; the 
various questions to which the late war, in its origin and pro- 
gress, had given rise, had ceased to be of any practical im- 
portance. Both parties sincerely rejoiced at the return of 
peace. One indeed claimed that the war had terminated 
gloriously, and that America had obtained every thing for 
which she fought ; while the other contended that nothing 
had been obtained ; no satisfaction for past injuries, or re- 
cognition of neutral rights, which should be a protection 
in future wars ; and that even a positive loss had been sus- 
tained in regard to the right of fishing on the British North 
American coast. These, however, had now become ques- 
tions of mere speculation, tending to no practical result. 
The treaty had been negotiated by distinguished individuals 
of both parties : it was the best that could be obtained, and 
far preferable, in the opinion of all, to a continuance of the 
war. Both parties agreed, that the country ought to be 
placed in a respectable attitude of defense. That it was 
unsafe to rely upon a system of commercial restrictions, or 
a navy of gunboats for the protection of neutral rights ; but 
that a chain of fortifications, at the most assailable points, 
and a respectable navy, afforded the only adequate security. 
That in its foreign relations, the nation should do equal and 
exact justice to all, without submitting to the unfounded pre- 
tensions of any. It seemed to be admitted, though with 
some reluctance on the part of the opposition, that govern- 
ment, in the general tenor of their measures, were pursuing 
these objects. Party spirit then resolved itself into a mere 
question of office holding, and was kept alive only for the 
purpose of aiding those who were seeking to obtain or hold 
the lucrative offices of government. 
6 



62 HISTORICAL SKETCHES CHr III, 

Claims for spoliations. The claims of American citi- 
zens for commercial spoliations on the belligerent Euro- 
peans, attracted the early and constant attention of their 
government. In the early stages of the European contest, 
the two great belligerents adopted a principle in relation to 
neutrals of a character the most iniquitous and subversive of 
their rights, viz. that when one belligerent violated the 
rights of a neutral nation, to the injury of his antagonist ; if 
the neutral submitted to it, rather than go to war to obtain 
redress, the other might retahate on the neutral for such in- 
jury. In consequence of this principle being carried to a most 
alarming extent, and of the utter disregard which France, 
England, and the subordinate powers in other particulars, 
paid to neutral rights, during the long period that the United 
States maintained their neutrality, these claims accumulated 
to an amount, variously estimated, from thirty to fifty mil- 
lions of dollars. They had been repeatedly pressed upon 
the belligerents, in almost every shape, without success, 
England, in consequence of her naval ascendancy, was much 
the greatest aggressor. One of the prominent objects of 
the war of 1812, was to obtain satisfaction from her. That 
war extinguished the claims, without compensating the suf- 
fering merchants. In settling the terms of a general pacifi- 
cation in 1815, the European powers adopted and enforced 
the principle against France, that the injuries which one go- 
vernment committed, or suffered its subjects to commit 
against the rights of another nation or its subjects, should 
be compensated by the nation under whose authority the 
injury was inflicted ; and that the obligation always conti- 
nued against the persons in possession of the sovereign 
power, notwithstanding any revolutions which might have 
taken place in the government. On this principle, the allied 
powers taxed France, under Louis the XVIII. , not only with 
the sum of seven hundred millions of franks, the estimated 
expense of his restoration, but obliged her to make com- 
pensation for losses sustained, and injuries done to the sub- 
jects of other states, in all stages of her revolution. Eng- 
lishmen were remunerated for losses sustained by assignats, 
while France was governed by the executioners of her for- 
mer sovereign. The capital of the bank of Hamburgh, one 
of the richest in Europe, which was carried off by Davoust, 
under the orders of Napoleon, was restored by Louia the 
XVIII. Instances were almost without number, where the 
claims of European powers and their subjects against France, 
originating under every form of her government, were en- 



1816. OF THE UNITED STATES. 63 

forced against her present monarch with a rigorous exact- 
ness. 

Claims against France. The American nation were 
highly gratified to see principles so congenial to justice, and 
so favorable to their long existing claims, adopted by the 
European powers, and cherished the hope that their just 
demands, so often evaded and so long delayed, would be sa- 
tisfied. The claims for French spoliations were of two classes. 
one prior, and the other subsequent to the convention 
of 1800. The first had arisen to a considerable amount pre- 
vious to the year 179S,and the subject of them, together with 
the manner in which the envoys who were sent to enforce 
them were treated, constituted the causes which led to a 
species of war between France and the United States in that 
year. In the negotiations which terminated in the conven- 
tion of 1800, by which that war was closed, France met 
these claims by a list sf counter-demands against the United 
States, the most prominent of which was, that by the treaty 
of alliance of 1778 America had bound herself to guaranty 
to France her West India possessions, and that Great Bri- 
tain had wrested them from her without an effort on the part 
of the United States to prevent it. The French commis- 
sioners claimed that the guaranty being general, the gua- 
rantor was bound to protect the warranted property with all 
his force ; and that the United States had seen these pos- 
sessions in their immediate neighborhood taken from France 
without even uttering a remonstrance against it. After 
many fruitless attempts to adjust pre-existing claims on 
either hand, the negotiators postponed the whole subject, 
and formed a convention regulating only the future conduct 
and relation of the parties to each other. The second arti- 
cle, as it was originally drawn and accepted by Bonaparte, 
provided that a negotiation upon the subject of past claims 
should be resumed at some future period. The senate re- 
fused their assent to this article, and advised to a conditional 
ratification by which it should be expunged. Bonaparte 
accepted this ratification on condition that the expunging 
of this article should be considered as an abandonment of 
all claims on either side prior to the date of the convention. 
This proceeding barred all claims which the citizens of the 
United States had on the French government prior to Sep- 
tember, A. D. 1800. 

This class of claimants now press their demands upon 
their own government. They say their just claims on 
France have been bartered away by the United States for a 



64 HISTORICAL SKETCHES CH. III. 

relinquishment of the West India guaranty. That this 
was a subsisting claim of great magnitude, and exceedingly 
onorous to the United States as they could not refuse it 
with honor, or fulfil it without hazarding a war with Great 
Britain ; and that a discharge from this liability would be 
cheaply purchased by a sum sufficient to satisfy all their 
claims. These demands have been resisted by congress on 
the ground, that the duty of the government to protect its 
citizens in their pursuits, when they chose to go beyond the 
limits of the national domain, extends no further than to 
remonstrate and demand satisfaction of the nation commit- 
ting the injury. That no principle of public law obliges the 
nation to which the sufferer belongs to pay for the spolia- 
tions, or to go to war to obtain redress. That in this case 
the government had done every thing in their power, and 
more than upon any principle they were bound to do for 
these citizens : they had remonstrated until their envoys 
were sent away with disgrace ; and then commenced a na- 
val warfare at a great national expense in support of their 
claims ; that they had become entirely hopeless and of no 
value, at the time the convention was formed. The ques- 
tion between the government and these claimants is still 
undecided. 

The spoliations from 1800 to 1803 were provided for in 
the Louisiana treaty, one stipulation of which was, that the 
United States should pay their citizens five millions of dol- 
lars as part of the purchase money in satisfaction of those 
claims. The demands subsequent to that period, arising 
from illegal captures and condemnations, under the Berlin 
and Milan decrees, burning vessels at sea, and various other 
sources, are still a subject of negotiation. 

Mr. Gallatin^ s negotiation. In the year 1816, Mr. Gat- 
latin was appointed minister plenipotentiary to the French 
government and specially charged to enforce these claims. 
The ministers of Louis XVIII. reluctantly admitted the 
principle that their monarch was liable for injuries done 
while his enemies held the reins of government. Their 
first excuse for not attending to the American claims, was 
that the European demands were so much more pressing 
and even compulsory upon them that they had no time for 
the consideration of the other. After those had been al- 
lowed, and provision made for their extinguishment, Mr. 
Gallatin again pressed the subject with great earnestness, 
urging that the period had arrived, when, according to the 
French minister's own suggestion, the American claims 



1816. OF THE UNITED STATES. 65 

were to be taken into consideration : that they were fully 
embraced within the principles adopted in relation to other 
nations : and that their magnitude, and long standing enti- 
tled them to a speedy adjustment. This application was 
met with a reply, that the European claims, which they 
were compelled by a superior force to admit, so far exceeded 
in amount anything that was contemplated, that their trea- 
sury was altogether unable to meet any further demands. 
To this objection Mr, Gallatin answered that the American 
claims were entitled to, at least, an equal degree of consi- 
deration : that their fiscal embarrassments, could form no 
objection to an adjustm.ent of the claims, postponing the 
time of payment, to a period, which should better suit the 
state of their treasury. This proposition was also refused ; 
and every artifice resorted to by a succession of French 
ministers, to avoid the demands. A protracted negotiation, 
of several years, conducted with great ability, on the part of 
Mr. Gallatin, terminating unsuccessfully, afforded little hope 
of an ultimate remuneration. France having no territory 
accessible to the United States, and no vulnerable points, 
compulsion cannot be resorted to, and a reliance on a sense 
of justice in the French ministry, promises but little. 

Claims on Spain. The claims on Spain, also divided 
themselves into two classes. One for spoliations, com- 
mitted by the Spanish government, or its subjects, by its 
authority. The question as to the liability of the nation, 
under one set of rulers, for injuries committed while go- 
verned by another, being disposed of, no subject of discus- 
sion remained, in relation to these claims, but as to the 
amount, and mode of payment. The other class related 
to the seizure, and capture of American vessels, by French 
cruisers in Spanish waters ; and their condemnation by 
French consuls, holding prize courts, in Spanish ports. 
During the greater part of the period, in which Great Bri- 
tain and France were at war, and while both powers were 
depredating on American commerce, Spain was under the 
control of France. The legitimate Spanish monarch, with 
his family, and heir apparent, was enticed into France, un- 
der the pretence of friendship, there made prisoners by Na- 
poleon, and Joseph Bonaparte placed on the throne. The 
Spanish American coasts, and borders, were made use of 
by French cruisers, to depredate on American commerce. 
More than two hundred vessels fell a sacrifice to this sys- 
tem, and were libeled and condemned by French consuls, on 
Spanish territory. This proceeding was without pretext 
6* 



66 HISTORICAL SKETCHES CU. III. 

on the part of France. Vessels taken on neutral ground, 
where even one enemy cannot attack another, without a 
breach of the law of nations, could, on no pretence be sub- 
ject of cendemnation. These claims pressed themselves 
on the French government with peculiar force : and it 
would seem mnch more consonant to the principles of jus- 
tice, to seek redregs from the nation which had committed 
the injury, and was enjoying its fruits, than from one, who 
had merely suffered it to be done within her territory, and 
who was wholly destitute of the means of preventing it. 
But the prospect of obtaining satisfaction from France was 
hopeless ; and America must put up with the loss, or make 
reclamation from Spain. In resorting to this nation, the 
prospect, on many grounds, promised a favorable result. 
She had rich territories, which she was unable to defend, 
within the reach of American arms ; and a valuable com- 
merce, passing near the coast, and affording an extensive 
field for the enterprise of American citizens. Poor, ex- 
hausted Spain must pay for French depredations, within her 
waters, which she could not prevent ; or hazard a war, in 
which the loss of a fair portion of her territory, must be the 
inevitable result. 

Ground of claims on Spam. The American government 
grounded their claim for remuneration from Spain, on a 
principle of national law, which entitles the property of a 
stranger, within the jurisdiction of a country in amity witli 
his own, to the protection of its sovereign by all the means 
in his power ; and upon an express stipulation in the treaty 
of 1795, which provided, "that each party should endeavor 
by all the means in its power, to protect and defend all ves- 
sels and other effects, belonging to- the citizens or subjects 
of the other, which shall be within the extent of their juris- 
diction by sea or land, and shall use all their efforts to re- 
cover, and cause to be restored to the right owners, their 
vessels and effects, which may have been taken from thani 
within the extent of their jurisdiction, whether they are at 
war or not with the power, whose subjects have taken pos- 
session of their effects," 

This article, the American negotiator claimed as expressly 
designed to explain, and enforce the principle of national 
law, and to provide for the cases in question. When 
American property was taken by French cruisers, and 
brought within the jurisdiction of Spain, she then had the 
power of restoring it to the right owners, and not havino- 
done it, she was bound to make them compensation. 



1816. OF THE UNITED STATES. 67 

Spanish objections. The Spanish minister resisted these 
claims, on the ground, that his government had done all in 
its power to prevent the injury complained of: that France 
and Spain, being then in alliance, and both at war with 
Great Britain, her ports were necessarily open to French 
cruisers. That if French consuls had, in some instances, 
condemned American vessels in Spanish ports, as English 
appeals frequently had been, and might always be taken, 
to the higher tribunals in France, from whence the injury 
originated, and where it was consummated. That nation, 
not being at war with the United States, her courts were 
always open for redress of injuries committed by her sub- 
jects on their citizens. The Spanish minister further 
claimed, that for all injuries antecedent to the year 1803, 
satisfaction had been obtained from France, by the Louisiana 
treaty, and adduced the declaration of the Frencli minister 
Talleyrand to that effect ; and offered the friendly offices of 
Spain to obtain from France indemnity for the injuries, 
which still remained unsatisfied. He also adduced a long 
list of counter claims against the United States, and offered 
to submit all the subjects of controversy between the two 
nations, tu the mediation of some friendly power ; whose 
decision should be conclusive thereon. 

Reference to a third power refused. The American 
government declined this reference, on the ground that it 
had ever been the policy, both of Europe and the United 
States, to keep aloof from the general federative system of 
each other, and that the European states were combined 
together by a multitude of important interests and relations, 
with which the United States had no concern, and had no 
disposition to interfere, and of which no communication 
having been made by these powers, the United States had 
uo information competent to enable them to estimate their 
extent and bearings. 

Floridas. The American government had always looked 
to the Floridas, as the means of obtaining satisfaction fropi 
Spain. Circumstances were constantly occurring which 
rendered those provinces less valuable to Spain, and the 
possession of them more important to the United States. 
Towards the close of the negotiation, the Spanish authority 
in those provinces, had to every practical purpose ceased ; 
and they had become the receptacle of a mixed population 
of an abandoned character, calculated to annoy the settle- 
ments of the United States, approaching the Florida border. 
A protracted negotiation of t wenty years terminated in a 



68 HISTORICAL SKETCHES CII. II. 

treaty, by which the Floridas were ceded to the United 
States, for which they were to pay their citizens five millions 
of dollars, in satisfaction of all their claims on Spain. 

Claim on Naples. In the year 1809, while Murat was 
tenant of the kingdom of the two Sicilies under Napoleon, 
his minister of foreign affairs addressed a note to the consul 
of the United States, giving an official invitation to Ameri- 
can vessels, with regular papers, to visit his ports. A num- 
ber of them being decoyed into his power by this stratagem, 
they were seized and sequestered, under the Berlin and 
Milan decrees, their cargoes sold for the benefit of the 
government, and some of the vessels taken into public ser- 
vice, where they remained until the restoration of Ferdinand. 
The American property in this condition, amounted to seve- 
ral millions of dollars. On the re-establishment of tranqui- 
lity in Europe, the American government perceiving, as they 
supposed, some flattering indications of a return to correct 
principles, determined on a special mission to Naples, to 
make reclamation. 

Mr. Pinkney's mission. Mr. Pinkney of Baltimore, was 
selected for this purpose, and at the same time appointed 
minister to Russia. He arri'/ed at Naples in July, 1816, in 
the Washington 74, and on the 27th of that month, ad- 
dressed a note to the Marquis di Circello, informing him of 
his arrival, and the object of his visit. The appearance of 
an American 74, in the bay of Naples, bearing a minister 
of Mr. Pinkney's character, on such an errand, occasioned 
very unpleasant, and somewhat alarming sensations in the 
Neapolitan governmejit. Couriers were immediately de- 
spatched to the Emperors of Austria and Russia, to ascer- 
tain whether they would support Naples in refusing to pay 
the American claims. In the mean time, Mr. Pinkney was 
to be amused with the semblance of a negotiation. On the 
31st of July he had his audience ; and on the 28th of Au- 
gust presented a note containing a minute statement of the 
claims of his countrymen, and the grounds on which they 
rested. After waiting a month without receiving an answer, 
he obtained an interview with the minister, who told him 
that a reply had necessarily been delayed, for the purpose 
of collecting the papers relative to the confiscations com- 
plained of, and to ascertain their amount, which could not 
be under several weeks. Mr. Pmkney waited until the 31st 
of October, when he was obliged to leave Naples for the 
place of his ultimate destination, without receiving any an- 
swer to his demands. In the mean time, the Neapolitan go- 



1816. OF THE UNITED STATES. 69 

vernment received such advice from the courts of Austria 
and Russia, as induced them to reject the American claims. 
Immediately after Mr, Pinkney's departure, the minister's 
reply was finished, and transmitted to Petersburgh, where it 
arrived some days before him. It was also sent to Mr. Gal- 
latin, at Paris. 

Reasons for their rejection. It contained a refusal, on 
several grounds, first, that Monsieur Murat, as he was 
termed, was a usurper, and that the legitimate sovereign 
was at war with him, and not bound to discharge his obli- 
gations ; secondly, that the confiscations for which indem- 
nity is sought, were not the acts of Murat, but were forced 
upon him by the violent interference of Napoleon ; thirdly, 
that the proceeds of the confiscated property never reached 
the national treasury, but went into the private chest of 
Murat, to furnish the means of his profusion. The king 
of Naples, a man of blunt and familiar manners, used to 
say to the American consul, when pressing these claims, 
"Why, Monsieur Murat took your ships its true; but he 
also took my kingdom. I suifered more than you did. I 
lost all ; and shall I besides my own losses, have your's 
to bear also V The substance of the Neapolitan dispatches, 
though not opened by Mr. Pinkney, found their way into 
the gazettes of Petersburgh and Vienna. The government 
of the United States having no means of enforcing the 
claims of their citizens, but by a hazardous and unprofitable 
contest with the king of the two Sicilies, supported, as he 
doubtless would be, by the emperors of Russia and Austria, 
can do nothing more than to keep up a perpetual demand ; 
for this purpose Mr. x\ppleton has recently been dispatched 
to Naples ; but the prospect of success diminishes in pro- 
portion to the distance of time from the date of the in- 

Claims on the Netherlands. In the year 1815, Mr, 
Eustis was appointed minister to the king of the Nether- 
lands, and instructed to claim indemnity for the confisca- 
tions in the years 1809 and 10, under Louis Bonaparte. In 
his first note upon the subject, without entering into an ar- 
gument, he simply stated that the American claims rested 
on the principle so fully recog lized by the governments of 
Europe ; that nations were responsible for the acts of their ' 
rulers ; and that any changes in the forms of their govern- 
ment cannot diminish the force of the obligation. The 
Dutch minister. Baron Tie Nogell, refused to acknowledge 
the claim on two grounds ; first, that the acts complained 



70 HISTORICAL SKETCHES CH. III. 

of were not done by the Dutch government, but by Napo- 
leon, who had the benefit of the confiscation, and whatever 
claim the United States may have, it must be against his 
successor, the present king of France ; secondly, that if 
the seizures were to be considered as done by Louis Bona- 
parte, they were the acts of a usurper, for which the legiti- 
mate sovereign is not responsible. In the spring of 1816, 
Mr. Eustis was again instructed to renew the claim, and 
enforce it on the principles of indemnity, of which the go- 
vernment of the Netherlands had recently experienced the 
benefits. A correspondence immediately ensued, in which 
the American claims were ably enforced, and two of the 
most prominent cases selected for consideration. One, the 
ship Bacchus, which being ordered off by the Dutch govern- 
ment in 1809, was wrecked in getting out of the harbor. 
Her cargo being saved, it was sequestered, and finally ceded 
to Napoleon. The other, the Baltimore, which, after having 
received a protection, and license to enter a Dutch port, 
was seized, and her cargo, consisting of colonial produce, 
ceded to France. The Baron De Nogell now resisted all 
claims of this character, on the ground, that at the time 
the seizures were made, there in fact existed in Holland no 
government distinct from that of France, claiming that 
Louis was so much under the control of Napoleon, that he 
could in no sense be considered as the king of Holland. 
In the year 1819, Mr. Everett, the successor of Mr. Eustis, 
renewed the claim, bringing into view the authorities de- 
rived fi'om the most approved writers on the subject of na- 
tional law. To these authorities the baron replied, that 
inductions and analogies derived from the principles of the 
lav/ of nations, led naturally to endless discussions, as it 
was always easy to oppose authority to authority. After 
intimating that the principles of national law were not to 
govern in this case, he endeavors to show, that it does not 
fall within any of those analogies, nor within the principles 
of the French indemnities. Without eflfecting any thing in 
Holland, the discussion of the subject was, at the sugges- 
tion of the baron, transferred to Washington, where, after 
a further fruitless attempt, it was suspended, in consequence 
of a suggestion from the Dutch minister, that it was the 
wish of his government, that the further discussion of the 
subject should not be urged at present. 

The uniform ill-success with which these claims have been 
pressed upon the European governments, affords little pros- 
pect that any satisfaction will ever be realized, unless indeed 



1816. OF THE UNITED STATES. 71 

some of them should find that it was cheaper to make com- 
pensation, than to incur the displeasure of the American 
government. A sense of justice or a regard to the princi- 
ples of national law, have little influence, where the means 
of obtaining- redress are not in the power of the injured 
party. Spain affords the only instance where any satisfac- 
tion has been obtained, and that not from any superior re- 
gard to principle, the claims having been delayed to the last 
moment, but merely because Cuba and the Floridas were 
within the reach of the American arms. 



T2 historical sketches on. iv. 



CHAPTER IV. 



Second session of the fourteenth congress— Message— Compensation law re 
pealed— Proceedings of the commissioner of claims regulated— American 
navigation act passed— Internal improvements of a national character — 
Their importance — Mr. Gallatin's report upon the subject — A bill having 
passed both houses of congress making appropriations to this object, is ne- 
gatived by the president, on the ground of its unconstitutionality — The 
president's objections — The bill lost — Arguments in favor of congress pos- 
sessing the power by the constitution, as it now is — Presidents Madison 
and Monroe recommend an amendment of the constitution, conferring the 
power— Both houses adhere to the opinion, that such an amendment is un- 
necessary, and refuse to propose any— Provision made for the admission 
of the state of Mississippi into the union— Electoral votes counted ; and 
the result declared — Mr. Monroe inaugurated— His address — The princi- 
ples of his administration in relation to appointments developed in a pri- 
vate correspondence with General Jackson — The president's tour through 
the northern and western sections of the union-^General Jackson's order 
of the 22d of April, 1817. 

Meeting of congress. The second session of the four- 
teenth congress, as provided by the constitution, commenced 
on the 2d of December, 1816. On the 3d, the president 
transmitted his annual message, giving a favorable account 
of the foreign relations, and of the finances of the United 
States. The receipts, including the balance in the treasury 
at the commencement of the year, he estimates at forty- 
seven millions, and the funded debt at one hundred and ten 
millions. The customs received in 1816, owing to the ex- 
cessive importations immediately succeeding the v^^ar, far 
exceeded any former year. The tranquil state of Europe, 
and the prosperous circumstances of the country, furnished 
little of interest for the president's message, or the attention 
of congress. 

Compensation law repealed. The compensation la^r of 
the last session had excited general dissatisfaction, and been 
the occasion of preventing many of the members of the 
present congress from being elected to the next. Early in 
the session, a committee was appointed to inquire into the 
expediency of repealing or modifying the act. The com- 
mittee, after remarking on the delicacy of the task assigned 
to the representatives of the people, of determining on the 
value of their own services, say that the compensation of 



1817. OF THE UNITED STATES. 73 

the members of the national legislature ought to be such 
as to command the first talents. That the value of money, 
considered as the means of living at this period, had depre- 
ciated nearly one half, compared with the time when their 
wages were first fixed at six dollars per day. That that 
sum is not now an adequate reward for persons qualified to 
discharge the duties of legislation, to compensate them for 
leaving their business, and devoting a considerable portion 
of the year to the public service. That it necessarily de- 
ranges their business for the remainder. And that the ob- 
vious consequence of an inadequate compensation will be 
an incompetency of talents in the national representation, 
or the perversion of the office to sinister purposes. After 
stating some reasons, why in their opinion an annual salary 
would be preferable to a per diem allowance, the committee, 
in deference to what they deem to be the public sentiment, 
report a bill in favor of the latter, leavin:> the sum a blank, to 
be filled by the house. The subject of filling this blank oc- 
cupied much of the session, the sum varying from six to 
twelve dollars. In the end, none could be agreed on, and 
towards the close of the session a bill was passed, repealing 
all laws upon the subject, after the rising of the present 
congress. The effect of this measure was to give each 
member of the fourteenth congress three thousand dollars 
for two hundred and forty days service, or twelve dollars 
and an half a day, and leave to their successors the un- 
pleasant task of fixing their own compensation. 

Proceedings of the commissioner of claims. The com- 
missioner appointed under the act of the last session on the 
subject of claims, for property lost or destroyed by the ene- 
my during the late war, adopted a principle in relation to 
houses destroyed, which embraced claims to a great amount, 
which were supposed not to be within the purview of the 
law. The particular case which occasioned the greatest 
animadversion, was the house of Mrs. Carson, of Wash- 
ington, from which a gun was fired at General Ross, and 
was burned by the enemy, as was supposed, for that reason. 
The commissioner decreed her a compensation, on the 
ground that it was occupied as a military station, which 
occasioned its destruction. The principle of this case em- 
braced many others, which were also allowed. The presi- 
dent, apprehending that the commissioner was proceeding 
upon a mistaken construction of^the law, suspended his 
functions, and referred the subject to congress. The result 
was the passing of a law explanatory of the former act, 



74 HISTORICAL SKETCHES CH. IV, 

and limiting its operation in regard to buildings, to such only 
as were occnpied for military purposes by order of the com- 
manding officer of the station, and directing the commis- 
sioner to report the facts in each case, with the testimony, 
to congress, for their ultimate decision. 

Navigation act. A law was passed this session, bot- 
tomed upon the principle of the British navigation act, pro- 
hibiting the importation of any goods, except in ships of 
the United States, or of the country producing them, ap- 
plicable to those nations only whose navigation laws were 
founded on similar principles. England and Sweden were 
the only nations that came within the provisions of the 
act. 

Bill relating to internal improvements. In the course 
of the session a bill passed both houses, after much discus- 
sion, which set apart all the interest of the government in 
the bank of the United States, including the premium given 
for the charter, and all dividends accruing on the shares 
subscribed by the secretary of the treasury, "to constitute 
a fund for constructing roads and canals, and improving the 
navigation of water-courses, in order to facilitate, promote, 
and give security to internal commerce among the several 
states, and to render more easy and less expensive, the 
means and provisions for the common defense ; such im- 
provements to be effected with the assent of the several 
states within whose limits they should be made." The pre- 
sident refused his assent to the bill, on the ground that it 
was a subject of legislation not embraced within the provi- 
sions of the constitution. This brought on an interesting 
discussion between the legislature and the executive, in re- 
lation to the powers of the general government regarding 
internal improvements. Both concurred in the opinion that 
it was a power highly beneficial and important to be exer- 
cised. The executive supposed it must be obtained only 
by an amendment of the constitution to that effect ; the le- 
gislature claimed that it was already provided for in that 
instrument. 

Reasons in favor of the system. The geographical situation 
of the United States strongly urged internal improvements of 
a national character to unite their different sections. A high 
ridge of mountains and a wilderness, in a great measure unin- 
habited, separated the Atlantic states from the valley of the 
Mississippi. These impediments are too great to be overcome 
by individual or state exertion; objects of high national impor- 
tance, require that the intercourse between these two great 



1S17. OF THE UNITED STATES. 75 

sections of the country should be facilitated as much as 
possible. The most obvious are, the increasing the value 
and promoting the settlement of the government lands, by 
rendering them accessible ; the increase of the impost du- 
ties, by enabling the inhabitants of the west to obtain 
foreign goods on more easy terms ; facilitating the opera- 
tions of the government, by opening a more convenient com- 
munication v^ith the city of Washington ; the more safe and 
expeditious transportation of the mails ; and strengthening 
the bonds of the union, by rendering its remote parts accessi- 
ble and known to each other, and increasing their mutual de- 
pendence. As a means of defense m case of any future 
war, the subject v/as all important. The experience of the 
last had shown that military operations cannot be success- 
fully carried on in the west, without an easy and expe- 
ditious communication with the east. In time of peace, 
much the greatest portion of the military force must be sta- 
tioned on the western border to control the Indian popu- 
lation. Most of the reverses of the American arras on the 
Canadian border, during the last war, are to be traced to 
the difficulties of transportation from the Atlantic to the 
northwestern frontier. Considerations like these, added 
to the immense private benefits to be derived from internal 
improvements, pressed the subject upon all branches of the 
government with great force. Early m the presidency of 
Mr. Jefferson, he recommended to con<fress to take mea- 
sures to appropriate the surplus revenue to the purposes of 
internal improvement ; in consequence of which Mr. Gal- 
latin, then secretary of the treasury, was directed to report 
upon the objects upon which the public moneys might be 
profitably expended, to facilitate the intercourse between the 
different parts of the union. In the year 1808, he pre- 
sented an able and minute report upon the subject, em- 
bracing three leading objects ; the union of the waters 
of the great lakes with the Hudson ; the waters of 
the Ohio with the Chesapeake ; and the establishment of 
an inland navigation by canals, uniting the waters of the 
great bays along the Atlantic coast. The expenses of 
these, and other objects embraced in his report, were esti- 
mated at twenty millions, which it was then thought the 
treasury, in the course of a few years, might sustain. The 
restrictive system, and consequent war, suspended for a 
considerable time any further measures. The subject en- 
gaged the early attention of Congress, after the close of 



7G HISTORICAL SKKTCIIES ClI. Iv- 

ihe war, and produced the bill in question, intended as the 
commeneement of a system of internal improvements on a 
large scale. 

President's objections to the hill. The president's ob" 
jections to the bill, resulting from a limited construction of 
the constitution, were, that the legislative powers enume- 
rated in the 8th section of the first article, do not embrace 
the object in question ; and that it does not fall by any just 
interpretation, within the general provision, to make such 
laws as are necessary and proper to carry into execution 
the specified objects of legislation ; that the power to regu- 
late commerce among the several states, cannot include a 
power to construct roads and canals, and improve the navi- 
gation of water courses, without a latitude of construction 
departing from the ordinary import of the terms ; that to 
refer the power in question to the clause, '* to provide for 
the common defense and general welfare," would be con- 
trary to the established and consistent rules of interpreta^ 
tion, as rendering the special and careful enumeration of 
powers which follows, nugatory and improper ; that such 
a construction would have the effect of giving congress a 
general power of legislation instead of a defined and limited 
one, the terms common defense and general welfare, 
embracing every object within the purview of legislation : 
that it would have the effect of subjecting the constitutions 
and laws of the several states, in all cases not specifically 
exempted, to be superseded by the laws of congress, and of 
excluding the national judiciary, from its important and ap- 
propriate office of guarding the boundaries between the 
legislative powers of the general and state governments ,- 
questions relating to the general welfare, being questions 
of policy and expediency, unsusceptible of judicial cogni- 
zance and decision. A restriction of the power to such 
cases as are to be provided for by the expenditure of mo- 
ney, the president observes, is still less definite, money 
being the necessary means, by which all the great and 
important objects of government are to be accomplished. 
If the power claimed, with the train of powers incident 
thereto, be not given to congress by the constitution, the 
assent of the states, within whose limits the improvements 
are to be made, cannot confer the power ; the only instance 
where such assent can enlarge the powers of congress, hav-^ 
ing relation to the admission of new states into the union ^ 
raken from one or more of the then existing states. Having 



1817* OF THE UNITED STATES. 77 

assigned his reasons for withholding his assent to the bill, • 
the president remarks, that such a power might be exercised 
by the national legislature, with signal advantage to the 
general prosperity, and recommends an amendment of the 
constitution to that eifect. 

In the house of representatives, on the final question, shall 
the bill pass, the president's objections notwithstanding 1 the 
yeas were 60, noes 56 ; two-thirds being necessary to de- 
cide the question affirmatively, the bill was lost. 

Report of a committee of the house of representatives on 
internal improvements. At the commencement of the first 
session of the succeeding congress, Mr. Monroe stated, that 
his opinion on this subject coincided with that of his prede- 
cessor, and recommended an amendment of the constitu- 
tion, vesting congress with the necessary powers. In the 
house of representatives, the subject was referred to a 
select committee, who, after stating that the house ought to 
form their opinion, independently, and uninfluenced by the 
executive ; and strongly intimating that the president's 
remarks were an improper interference with their appropri- 
ate duties, reported, that in their opinion, congress already 
iiad the power to lay out, construct, and improve military 
and post roads, and make canals through the several states, 
with their assent, for the conveyance of the mails ; for the 
more safe and easy transportationof military stores, in time 
of war ; and for promoting and giving security to internal 
commerce, leaving, in all cases, the jurisdictional rights of 
the soil in the respective states. 

This opinion, they claim, is supported both by principle 
and precedent. The power of laying out and constructing 
post-roads, they contend, is contained in that clause of the 
constitution, which empowers congress to establish post- 
offices and post-roads. This necessarily embraces the power 
of providing for the transportation of the mails. Had con- 
gress no power to provide roads for this purpose, it would 
be in the power of the state authorities, by discontinuing, 
or refusing to open the necessary highways, to obstruct the 
transportation of the mails, and defeat one important object 
of the government. The power of opening and improving 
military roads in time of war, has never been questioned ; 
but has always been admitted to be necessary for the trans- 
portation of armies, and their appendages, from one point 
of operation to another. If such a power is incident to a 
state of war, the committee claim it exists in time of peace, 
as a necessary preparation for war. 
7* 



78 HISTORICAL SKETCHES CH. itv 

If necessary to resort to a liberal construction of the con- 
stitution, this is a case, the committee claim, which pecu- 
liarly requires it. It was impossible for the framers of that 
instrument to comprehend all the cases, to which the pow- 
ers of congress ought to be extended, in order to attain the 
ultimate object, stated to be *Hhe general welfare." In the 
course of the widely diversified and extended interests ot the 
union, it would be necessary to legislate upon a variety of sub- 
iects, which could not be distinctly foreseen ; therefore, in 
the preamble, and in the clause designating the objects for 
which money was to be appropriated, the most general and 
comprehensive expressions were used, on purpose to include 
unforeseen and undefined objects, and exclude such a nar- 
row construction of the constitution, as would render tre^ 
nuent amendments necessary. . , r «.i. 

Power is given to levy and collect taxes to provide for the 
common defense, and general welfare of the United States. 
Terms more general and unlimited could not well be used, 
in relation to the expenditure of money ; and under this 
Jiead, moneys have been freely expended in purchasing a 
library, and expensive paintings to decorate the hall ot e.oiv 
gress, and for a great variety of objects, not specifically 
pointed out in the constitution. . , 

The precedents adduced in support of the opinion of the 
committee, were, the act of congress of March, 1806, pro- 
vidincr for the laying out and constructing a road from Cum- 
berland, in the stati of Maryland, to the Ohio river ; and. 
although this was done in consequence of a compact be- 
tween the United States and the state of Ohio, at the tine 
it was admitted into the Union, yet such a compact would 
have no validity, unless congress possessed the power lu 

^""T'hl'acts of the 21st of April. 1806, and 3d f .March 
1817, authorizing roads to be opened from Nashville and 
Revnoldsburgh, in the state of Tennessee, to different points 
S Missisip^i territory. A military road from Pittsburgh 
to Sacket's harbor, in the state of New York One of the 
first acts of Mr. Monroe's presidency, was the ordering ot 
h s road to be opened and improved, These precedents^ 
showing the sense both of the legislative and the executive 
branches of the government, on the subject m question, 
though they could not sanction a construction of the cwi 
stitution manifestly erroneous, go far to establish the pcrsi- 
lions laid down by the committee. 



1817. OF THE UNITED STATES. 79 

On the subject of canals, they remark, that most of the 
arguments in favor of roads are. appropriate, and in some 
instances apply with superior force. The power to make 
roads and canals, to facilitate the internal commerce of the 
states, is no less incident to the power of regulating that 
commerce, than many of the powers exercised under the 
head of regulating foreign commerce, are to that object. 

The embarrassments of the nation during the war, for the 
want of the means of internal communication, both in rela- 
tion to trade, and the transportation of military stores, have 
been too recently felt to be forgotten. Vested with the 
power of making war, the constitution never could have 
mtended that the general government should make it under 
such disadvantages. With a navy yet insufficient to insure 
the safe conveyance, coastwise, of troops and military stores, 
the United States have been compelled, from the want of 
an internal water communication, which is acknowledged 
to be practicable, to encounter the most wasteful and extra- 
vagant expenses in the transportation of the means of de- 
fense. From the same cause, the internal trade between 
the states has been embarrassed, and in a great measure 
cut off in time of war, so that the productions of one por- 
tion of the community have rotted on their hands, while 
another was suffering for the want of them. 

The report concludes with a resolution, declaring it ex- 
pedient to appropriate the revenue of the United States 
bank, belonging to the government, to the purposes of in- 
ternal improvement. The reasoning of the committee was 
acquiesced in, and no amendment of the constitution deemed 
necessary. 

Admission of Mississippi. At this session the Missis- 
sippi territory was divided, and the western section autho- 
rized to form a constitution, and make the necessary ar- 
rangements for admission into the union ; and at the next 
was received, and constituted the state of Mississippi ; the 
eastern district was formed into a territorial government, 
and denominated Alabama. 

Result of the presidential election. On the 12th of 
February, the two houses met in convention in the hall of 
the house of representatives, for the purpose of opening 
and counting the votes for president and vice president of 
the United States. The president of the senate took the 
speaker's chair, and presided in the convention. The whole 
number of votes for president were 217, of which James 
Monroe had 183, and Rufus King 34. Daniel T, Tompkins 



80 



HISTORICAL SKETCHES ClI. IV. 



had 183 votes for vice president, and thereupon Mr Monroe 
was declared to be duly elected president, and Mr. Tomp- 
kTns vice president of the United States for four years, 
commencing the 4th of March, A. D. 1S17. . 

7n~S address. Upon that day, the senate, havmg 
been prfviously summoned, mes and the president elect, in 
the OTes™ce of the senate, most of the members of the 
house of representatives, the heads of departments, the 
Xs of the supreme court, foreign mmisters, and a large 
Sourse of citizens, delivered an inaugural address, taking 
avTewof the present prosperous sta^te of the nation, ap- 
proving the general course of his predecessor's adm.nistra 
K and enumerating the measures he deemed necessary 
tn secure and perpetuate the public safety and happiness. 
Helhen took fhe oath of office, administered to him by the 
chief iustice! "faithfully to execute the office of president, 

:Sd VccoXg to the bLtof his f>"f„«^Xst7es''?"' 
tect and defend the constitution of the United btates. 

Mr Monroe's policy regarding "VVO^ntments Ut 
Monroe commenced hisldministr-ation under very favorable - 

r&rrot^";vi:S:h^Xun"^^^ 
=E^r^Sinf?.arf>??hSiS 

the cabinet under the ^'^w admmistration M^^^^ 
pvi^ted esneciallv among the candidates for othce, as to mt 
?.ourse the n^^^^^^ P^^^^^ "' his nominations^ 

the importance of preserving un^onij^^^^ ^,^^^^ 

necessity "^ ha™g the ^hiet ^ S thwart his views, 

^npoufpjr^d.^^^^^^^^^^ 
'-^Lrof ernce £w|h^t,.e P^r.. f .^red, the 

^c:ntSon,ttat^hS:aXnSC^n/ofchieY 



1817. OF THE UNITED STATES. 81 

magistrate of the whole nation, rather than to consent to 
be an instrument to perpetuate party animosities. 

Correspondence between Monroe and Jackson. Among 
the many curious incidents attending the contest for 
the presidency, in 1825, was the disclosure of a confi- 
dential correspondence, between Mr. Monroe and a distin- 
guished military officer, on the subject of forming the cabi- 
net of 1817. It is to be regretted that any circumstance 
should lead to a scrutiny of the private and confidential cor- 
respondence of any individuals ; but as these letters were 
finally published with the full consent of the writers, they 
have become the property of the public, and are interesting 
as they develope their views on an important subject. A 
principal object of the correspondence on the part of Gene- 
ral Jackson, was to recommend Colonel William Drayton 
of South Carolina, a decided federalist, to the office of secre- 
tary at war, and to decline it himself. In a letter of the 
12th of November, 1816, the general, an undeviating repub- 
hcan himself, remarks : " Your happiness, and the nation's 
welfare, materially depend on the selections which are to 
be made, to fill the heads of departments. Every thing de- 
pends on the selection of your ministry. In every instance, 
party and party feelings should be avoided. Now is the 
time to exterminate that monster, called party spirit. By 
selecting characters most conspicuous for probity, virtue, 
capacity, and firmness, without regard to party, you will go 
far to, if not entirely, eradicate those feelings, which, on 
former occasions, threw so many obstacles in the way of 
government, and perhaps have the pleasure and honor of 
uniting a people heretofore politically divided. The chief 
magistrate of a great and powerful nation should never in- 
dulge in party feelings ; his conduct should be liberal and 
disinterested, always bearing in mind that he acts for the 
whole, and not a part of the community. By this course 
you will exalt the national character, and acquire for your- 
self a name as imperishable as monumental brass. Consult 
no party m your choice. Pursue the dictates of that unerr- 
ing judgment which has so long and so often benefited the 
country, and rendered conspicuous its rulers." 

In another part of his communications upon that sub- 
ject, the general seems to thmk, that some of the fede- 
ralists had rendered themselves obnoxious to military exe- 
cution, as spies and traitors, in consequence of the senti- 
ments they entertained, and the course they took in relation 
to the war ; and had they fallen within his precincts, he 



82 HISTORICAL SKETCHES CH. IV. 

should have subjected them to martial law : notwithstanding 
which, as a body, he is of opinion their errors ought to be 
forgiven, and they restored to an equal standing with their 
political opponents. The constitution, he thinks, which 
proscribes religious tests as a qualification for office, ought 
in its spirit to be construed to exclude political ones, also, 
when they are made use of merely for the purpose of accu- 
mulating offices in the hands of a particular party. No 
man, since the Washington administration, has had the 
firmness to resist party considerations. The language of 
General Jackson, aside from his sentiments in relation to 
the military execution of certain federalists, is the language 
of General Washington, happily illustrated by his example. 
How the hero of New Orleans would have conducted under 
like circumstances, had not then been tested. 

Twelve years afterwards, Mr. Monroe's confidential ad- 
viser became his successor ; and the people over whom he 
was called to preside, looked with anxious expectation to 
see these noble principles exemplified in practice. It was 
not believed possible that a man who entertained such ex- 
alted sentiments, would ever prostitute the office to the pur- 
pose of rewarding partisan editors, and other instruments of 
his elevation. The- pro criptions of 1829-30 created the 
more surprise, as proceeding from such a source ; and led 
to the belief that their ostensi'-le author had lost his energy 
of character, and given himself up to the guidance of unprm- 
cipled advisers. 

Mr Monroe, though a military officer of the revolution, 
seems not to have possessed the moral courage necessary 
to carry so noble a principle into effect. In a letter ot the 
14th of D-cember, in replv to General Jackson's, he admits 
the correctness of the principle, but thinks the time had not 
then arrived when tbe obiect could be fully accomplished. 
"I ao-ree with you decidedlv," he says, <'that the chief ma- 
ffistrSte of the countrv ought not to be the head of the party, 
but of the nation itself. In deciding, however, how a new 
administration is to be formed, many considerations claim 
attention, as on a proper estimate of them much may de- 
nend of the success of that a^lministration, and even ot the 
republican cause. We have heretofore been divided into 
two ?reat parties ; the contest between them has never 
ceased from its commencement to the present time, nor do 
I think it can be said now to have ceased. To give effect 
to ^ree government, and secure it from future danger, ought 
not its decided friends, who stood firm, to be principally re^ 



1S17. OF THE UNITED STATES. 8^ 

lied on? Would not the association of any of their oppo-^ 
nents in the administration, itself wound their feeling-s or 
at least of very many of them, to the injury of the republican 
cause ] Might it not be considered by the other party as an 
offer of compromise with them, and have a tendency to 
revive that party, on its former principles 1 My impression 
IS, that the administration should rest strongly on the repub- 
lican party, indulging towards the other a spirit of modera- 
tion, and evincing a desire to discriminate between its mem- 
bers, and to bring the whole into the republican fold, as qui- 
etly as possible. The first object is to save the cause, which 
can be done by those who are devoted to it, only, and of 
course by keeping them together ; or in other words, by 
not disgusting them, by too hasty an act of liberality to the 
other party, thereby breaking the generous spirit of the re- 
publican party, and keeping alive that of the federal. The 
second is, to prevent the reorganization and revival of the 
federal party ; which, if my hypothesis is true, that the ex- 
istence of party is not necessary to a free government, and 
the other opmion which I have advanced is well founded 
that the great body of the federal party are republican, will 
not be found impracticable. To accomplish both objects, 
and thereby exterminate all party divisions in our country, 
and give new strength and stability to our government, is a 
great undertaking, not easily executed. I agree perfectly 
with you in the grand object, that moderation should be 
shown to the federal party, and even a generous policy 
adopted towards It ; the only difference between us seems 
to be, how far shall that spirit be indulged in the outset. 
.V, f i ^°^"^^t^«" of an administration, it appears to me 
that the representative principle ought to be respected, in a 
certain degree, at least, and that a head of a department, 
here being four, should be taken from the four great sec- 
ITJ T^^ ""'«"'. the east, the middle, the south, and the 
west This prmciple should not be always adhered to • 
great emergencies, and transcendant talents, would always 
iffeP^^o ffr^^"f .f«^ it; but it would produce a good 
effect, to attend to it when practicable. Each part of the 
union would be gratified by it, and the knowledge of oca' 
details and means, which would thereby be brought into the 
cabmet, would be useful. I am in no wise compromitted 

if IfJuffu^u""^ ^^^ ""^^^^r ^^"^^^ ^^ t^i« correspondence. 
It should be borne m mmd, that General Jackson was theo- 



84 HISTORICAL SKETCHES CH. IV. 

rizingupon what, on general principles, would be proper, 
and with a view to introduce a particular friend of his,belong- 
inff to the federal party, into the administration ; while Mr. 
Monroe was anxiously engaged in marking out to himselt a 
course of policy, for a situation in which he must soon be 

"^ Vhe department of state was intrusted to Mr. Adams ; 
Mr Crawford was continued in the treasury. The war de- 
partment was first offered to general Jackson, then to go- 
vernor Shelby, next to Mr. Clay, and afterwards to Mr. 
Calhoun, who accepted. Smith Thompson, of New York, 
was appmnted to the navy department. In all the impor 
tint nominations, the president strictly adhered to the 
principles, which he prescribed to himself m the foregomg 

/^PrSi'det^rtoMr. Having made the necessary arrange- 
ments for the commencement of his administration, the presi- 
dent determined on taking a tour through the states, north ot 
the Potomac, the ostensible object of which was, to visit the 
works of defense on the sea-board. From the cursory view o. 
these works, to which he would necessarily be limited, no im- 
^oTantresults could beexpected. But other objects of con 
seauence would probably be accomplished. The citizens 
would be Ratified with an opportunity of manifesting their 
iespect for the president ; he would learn the state of public 
feeW n an important section of the country, opposed to 
his ekction. It would have a tendency to soften the aspe- 
riv of party feeling, and to reconcile the different political 
sects to each otherfand to the chief magistrate of the union. 
On the 31st of May, the president commenced his journey, 
accomnanied only by Mr. Mason, his private secretary. At 
Smore he was joined by general Swift, chief of the corps 
Tf eSers, who iccompamed him through his tour on the 
sea-board, for the purpose of making observations of a miU- 
ta?v nature, on the works of defense. Notwithstanding the 
p'aL and republican manner in which the president set out 
on t"iis iourney, professedly a tour of busmess only, there 
was a unTversI determination to show him every mark of 
iespect The cities, towns, and villages, which lay in his 
ou'te vied with each other in their exertions to hone.- U^e 
chief magistrate. The exhibitions were all of the same 
characTe' but more or less splendid, according to the -m- 
ber wealth, and ambition of the citizens. One of the most 
pleLlS circumstances attendingthesedemonstrations^ 
the union of all parties. Political enemies, who had scarcely 



IS17, OF THE UNITED STATES. 



85 



been upon terms of common civility with each other for 
years, umted m the,r congratulations, and festivities upon 
gooVfeerg^: '' "'' «">PhaticalIy denominated the era of 

Manner of his reception. His approach to a particular 

town being announced, the best lodgings were provMed to 

which he was escorted by the civil and military authorities 

and citizens of the place. A committee of arransements 

were appointed who selected one of the ablest and molt 

accomplished of their number, to deliver a congrltuIaTorv 

address These were more or less polished, flSnto! 

bombastic, accordmg to the talents, and feelings of they're 

spective authors. The objects of allwere the same Th«,,hf; 

he.president a cordial Welcome to S viUagrexpressed 

heirhighsenseofthehonorhehaddonethemjfomphmented 

him on his past services, and exertions for the 3c sood 

and^f ?^f "^ ''"" '""' "'^'"^elves on the national prosferi?; 

H^t If » "■■' f'"'^"'' ■' expressed their confident eXI^ 

tions of a wise and impartial administration under his ausni 

Td'happwl T'J!er''''"'p™^p^'r=j-™^^-^^ 

ana nappy hie These were answered with as much variet? 
as the ingenuity of the president could suo-gest but IZHl 
with a reciprocation of good feelings bv a notW ^f ^ 
important event to the holior of theTce.'^^f any was withi? 
his recollection ; by many thanks to the cit*"en7for heh^ 
M^l' 'f 11 '^^ '»"'»i«ee, for the po te minner i 

;tfw*i^KJhT;rpr;Tttt^^^^^ 

entertainment was then P?ovided!of the best the Htv»ff''T'i' 
at which the president occupied ttechirf seat InSth'f''-' 
tizens arranged themselves on each hfnd „p»r»f^ 
remote, in proportion to thei? respective' d"gnties The 
entertainment was concluded with wropriatf SmJT^/ 

ttcrs^^fritnTtufttS 

€uSn Thev haH J^""^ ^ ""^"^^ °^" considerable spe. 
' ^^^y ^^^ ^^ven a unanimous vote against him.. 



86 HISTORICAL SKETCHES CH. IV, 

While acting as secretary at war, he had opposed with great 
talent, and no small degree of severity, their favorite doc- 
trine, in relation to the control of the general government 
over the militia. The state government, and the municipal 
authorities of the town were still his political opponents. 
Considerations of this nature, however, were entirely laid 
aside, and they determined to show him the most marked 
attention. The contest for the presidency being ended, 
and Mr. Monroe constitutionally placed in the chair, they 
were willing to receive and recognize him as the head ot 
the nation. 

Governor Brooks directed his first aid, colonel feumner, 
to meet the president at his entrance, attach himself to his 
suit, and attend him through the state. Major General 
Crane was directed to procure a suitable military escort. 
The inhabitants of the town of Boston, chose a large com- 
mittee of both political parties, to make the necessary ar- 
rangements for his reception. The discharge of a park ot 
artillery, and the ringing of bells at twelve o'clock, on the 
2d of July, announced his arrival at the entrance of the town, 
where he was met by the committee of arrangements, and 
escorted through the principal streets, by a procession of 
citizens, of more than a mile in length, to a suite of rooms, 
provided for him at the Exchange Coffee House. He re- 
mained at Boston until the 8th of July, viewing the various 
obiects worthy of notice, in the metropohs of New England, 
and its vicinity ; and receiving and reciprocating the com- 
pliments of his fellow-citizens ; each striving to obliterate 
party distinctions in the general festivity of the occasion. 
The scene had a happy effect in harmonizing the citizens ; 
to the president, it was a high gratification, to be recog- 
nized and treated as the chief magistrate of the whole na- 
tion, in the midsc of his political opponents ; and to Europe, 
it presented the imposing aspect of a united and powertul 
commonwealth. Complimentary addresses, of a formal 
character, had multiplied upon him so much, since his arri- 
val at Providence, that at Salem he was obliged to halt, 
and seclude himself from his fellow-citizens some days, to 
construct appropriate replies, and discharge the tax on his 
ingenuity, which they had imposed. 

Remarks on these civilities. Many citizens living with- 
out the sphere of the excitement occasioned by the presi- 
dent's tour, viewed these extraordinary attentions with some 
degree of dissatisfaction. They were disposed to consider 
them as hostile to the principles of liberty and equalit}', the 



1817. OF THE UKITED STATES. 87 

distinguishing characteristics of republicanism ; as having 
too much of a monarchal tendency ; and bearing too strong 
a resemblance to the pageantry, usually attendant on the 
journey of a European sovereign through his dominions. 
Some jealousy was also excited, lest these distinguished 
marks of respect, in the only section of the Union opposed 
to his election, should induce a partiality in favor of his new 
friends, to the prejudice of his old ones, in his future desig- 
nations to ofRce. Mr. Monroe they considered a plain, 
honest, good citizen, of sound sense and judgment, who had 
served the people in several important stations, with reputa- 
tion to himself and advantage to his country. His talents, 
and acquaintance with the concerns of the nation, qualified 
him to discharge the duties of the high office to which he 
had been elected. There were, very probably, several hun- 
dred of his fellow-citizens who could have done the same 
as well, had the choice fallen upon them. A chain of events 
beyond his or their control, had made him the first man of 
the nation, and left them in subordinate stations or in the, 
shades of retirement. This circumstance, while it entitled 
him to respect, did not in their opinion, justify so great an 
exhibition of congratulations, compliments, and parade, as 
attended him through his tour. 

Notices of editors. The editors of several respectable 
papers entertained their customers with severe, and sarcas- 
tic remarks on this exhibition. One proposes to publish *' the 
flowers of newspapers, embracing all the beauties of the north- 
ern prints since the commencement of the president's tour, 
their minute description of his diet, drink, and dress ; the 
roses which were showered upon him, the smiles of the ladies 
on his appearance ; his breakfasts, refreshments, dinners, 
tea parties, and suppers ; the great men who attended his 
excellency, and the old ladies whom he visited, with a great 
variety of very nice and minute anecdotes, accompanied 
with a number of engravings representing these brilliant 
scenes.*" Another very gravely apologizes to his customers 
for occupying so much of their time with these trifling 
scenes, but he thinks it belongs to history to describe them, 
as indicative of the manners, customs, and feelings of the 
times. His own views, he states, were so much opposed to 
these pompous proceedings, that when the President visited 
Baltimore he carefully avoided falling into his train. To 



Riclnnond Enquirer, July 29tl], 1817. 



88 HISTORICAL SKETCHES CH. IV, 

him it seemed impossible, that Mr. Monroe, encompassed by 
a crowd at every hour, intruded upon, and beset at every 
corner by an idly gazing multitude, could perform his public 
duties so faithfully, or enjoy himself as a private gentleman 
would wish, on such a tour.* 

Journey loestward. The President reached Portland, the 
eastern limit of his journey, on the 15th of July. Thence 
across the states of New Hampshire and Vermont, to Bur- 
lington on lake Champlain, where he arrived on the 24th. 
At Plattsburgh he had an opportunity of viewing in the bay, 
and on the shore, the theatre of the memorable events of 
the 11th of September, 1814; and of complimenting the 
citizens on their valor, displayed on that occasion. From 
that village to Sacket's harbor, he proceeded on a rout 
which he afterwards designated for a military road,to connect 
the two principal naval stations on lakes Champlain and On- 
tario. From Sacket's harbor, the president proceeded up 
the lake, and visited the fort at the mouth of the Niagara, 
the falls, and the principal scenes of military operation on 
that frontier, his suite passmg on the British side of the river. 
From Buffalo he proceeded to Detroit, the western limit of 
his jouruey, where he arrived on the 12th of August ; and 
having visited the works of defense, and the scenes of Hull's 
campaign, he commenced his return, taking some of the 
principal towns in the state of Ohio in his route, and arrived 
at Pittsburgh on the 5th of September. The same distin- 
guished marks of attention were shown him in the west as 
in the east. He reached Washington on the 18th, having 
performed a tour of more than two thousand miles, and 
been absent from the seat of government, three and an half 
months. 

Military order of the 22d April. According to the strict 
rules of military etiquet, in ordinary cases, when a parti- 
cular service is required of a subordinate officer, the order 
requiring such service, is to be communicated from the war 
department to the general commanding in the district where 
the service is to be performed, and by him to the officer of 
whom it is required. To this general rule there are necessari- 
ly many exceptions, as in all cases, where the transmission of 
the order, through the commanding general, would occasion 
a delay prejudicial to the service; but in such cases, the 
<yeneral in chief always expects immediate notice of the 



'■ Niles' Weekly Register. 



isr 



OF THE UNITED STATES. 89 



proceedingf. While the war department was conducted bv 
Mr. Graham, previous to Mr. Calhoun's entering upon its- 
duties, an order had issued, either through inadvertence, or 
tor reasons which the president deemed sufficient, to a subor- 
dinate officer in General Jackson's department, without 
being communicated through him. This step produced, from 
the general, an order of the 22d of April, 1817, prohibiting all 
his subordmate officers from obeying any order emanatino- 
irom the war department, unless coming through him, aB 
the proper organ of communication. In justification of a 
proceedin^so extraordinary, the general remarks, " that 
superior officers having commands assigned them, are re- 
sponsible to the government for the character and conduct 
of that command, and it might as well be justified in an 
officer, senior m command, to give orders to a guard on duty, 
without passing that order through the officer of that guar! 
as that the department of war should countermand the arl 
rangement of commanding generals, without giving their oiv 
ders through their proper channel. To acquiesce in such a 
course, would be a tame surrender of military rights and 
etiquet, and at once subvert the established priSciple of 
subordination and good order. Obedience to the lawful 
commands of superior officers, is constitutionally and mo- 
rally required ; but there is a chain of communication, bind, 
ing the military compact, which, if broken, opens the door to 
disobedience and disrespect, and gives loose to the turbu- 
lent spirits which are ever ready to excite mutiny." This 
order was issued to General Jackson's subordinate officers, 
Sbh^'"'""''' through the medium of the press, to the 

in tYi'!-^^^' General Jackson, or the war department were 
rn^ln" ' ^".f l^^«" to this measure, depended on cir- 
been thr«n). '.'^' ^^ "?' -^""^ disclosed, as it never has 
^been the subject of legislative or executive inquiry. But 
there was something novel, and something which had a ten- 
?«lM P'k ^."'' '^^^ ^"^y insubordination, which the gene- 
ral so much deprecates, for the commanding officer of a 
d enrf t .r^'*'" those under his command, yielding obe- 
rZ.A t,?;t^^«^Pre^e military authority of the natiol It 
placed them in a situation peculiarly embarrassino- • if in 

immedmtP ^'1 '' f \^^ T^' department, they were liable to 

Sed afd nnnr^^^K^^ ^^^ president, or to be arrested. 

tried, and punished by a court martial ; if they complied 

they were liable to the same process from General Ja^E 

8* 



90 HISTORICAL SKETCHES CH. IV , 

The subject became a matter of much animadversion. 
Gen. Scott, the second in command in the northern division, 
on a public occasion at New York, pronounced it an act of 
mutiny. Some officious intermeddler procured a pubhca- 
tion of General Scott's remarks in a paper of that city, 
and transmited them to Gen. Jackson. This produced a 
correspondence between the two generals, honorable to 
neither, in which a discussion of the propriety or legality 
of the order was lost in personal abuse. The public waited 
with considerable anxiety, the issue of a proceeding so 
extraordinary ; but nothing further transpired on the sub- 
iect. As the event took place previous to Mr. Calhoun s 
assuming the duties of the war department, he did not 
think proper to notice it in any other manner, than by pub- 
lishing an official notice, "that on ordinary occasions, or- 
ders from that department would issue only to the com- 
mandinff generals of the divisions, and in cases where the 
service required a diffisrent course, the general in chiet 
would be notified of the order with as little delay as 
possible." 



1817. OF THE UNITED STATES, 91 



CHAPTER V 



Negro fort on the Apalachicola destroyed— Aury and and M'Gregor's en- 
terprises— Galveston and Amelia Island— Piratical establishments sup- 
pressed—East Florida— Mickasuky and Sawaney villages— Instructions 
to General Gaines — Destruction of Fowltown — Massacre of Lieutenant 
Scott's party— Instructions to General Jackson— His proceedings — ^Ten- 
nessee volunteers raised and organized by him— Fort Gadsden built — 
Mickasuky villages destroyed— St. Marks taken— Sawaneytown destroyed 
— Arbuthnot and Ambrister taken— Their character and conduct, trial 
and sentence— Pensacola and the Barancas taken— Governor of Flo- 
rida, and civil officers appointed by General Jackson— Orders issued to 
take St. Augustine— Countermanded by the president— Proceedings in 
relation to Captain Wright — Correspondence between General Jackson 
and Governor Rabun — Remonstrance of Spanish government — Mr. Ad- 
ams' reply— Proceedings of congress relating to the Seminole war. 

Hostile collections in the Floridas. When the British 
withdrew their military force from the Floridas, at the close 
of the late war, Edward Nicolls, formerly a colonel, and 
James Woodbine, a captain in the British service, who had 
been the principal agents in exciting the Indians and ne- 
groes of the south to hostilities, remained in the territory, 
and industriously employed themselves in forming combi- 
nations against the south-western frontier. To the Creek 
Indians, whose lands had been ceded to the United States 
by Jackson's treaty of August, 1814, Nicolls represented 
that they had been grossly injured and defrauded ; that a 
restoration of their lands was provided for by the treaty of 
Ghent, and that the British government would guaranty 
and enforce their claims. He assumed the character of a 
British agent, and pretended that he had special powers 
from the government to support their pretensions. In fur- 
therance of these views, Nicolls and Woodbine esta- 
blished a fort on the Appalachicola river, which divides the 
provinces of East and West Florida, a station which, from 
its proximity to Georgia, Louisiana, and the Mississippi 
territory, was well adapted to collect runaway negroes, and 
disaffected Indians of the south, to a single point. From 
the difficulty of getting heavy artillery to bear upon it, the 
place was considered impregnable, and had become the 
general rendezvous of Nicolls and Woodbine's troops. In 
July, 1816, about four hundred negroes and Indians had col- 



92 HISTORICAL SKETCHES CH. N . 

lected at this spot, and fortified it with twelve pieces of 
artillery, and well stored it with provisions and munitions 
of war. In consequence of these hostile appearances, Co- 
lonel Chinch, with a detachment of United States troops, 
and five hundred friendly Indians under the command oi" 
M'Intosh, moved down from the head waters of the Apa- 
lachicola, and invested the fort on the land side. Nicolls 
and Woodbine, after exacting an oath from their follovvcr-s: 
that they would not suffer an American to approach the 
place alive, gave it up to them and went off". 

Massacre of a watering party. Two schooners laden 
with military stores and provisions for Colonel Chinch's 
forces from New Orleans, convoyed by two gunboats, 
having obtained permission of the commandant at Pensa- 
cola, entered the river on the 10th of July. On nearing 
the fort, a watering party of seven men was attacked by an 
ambuscade of negroes from the shore ; five were killed on 
the spot, one escaped, and one was taken prisoner, who 
was carried into the fort, and there covered with tar, 
and inhumanly burned. The gunboats had only one 
twelve pounder each, and the whole force did not ex- 
ceed fifty men. On communicating with the troops above, 
they were advised not to approach the fort ; notwithstand- 
ing this advice, they determined to attack it, and began to 
warp up, occasionally throwing a shot to ascertain the dis- 
tance, the negroes at the same time firing their long guns, 
but without skill or effect. Having warped sufficiently 
near, the Americans commenced firing hot shot, when one 
of the first entered their principal magazine, and blew up 
the fort ; two hundred and seventy were killed, most of 
the remainder badly wounded ; only three of the whole 
number escaped unhurt. Three thousand stands of arms, 
five hundred carbines, eight hundred pair of pistols, five 
hundred swords ; five hundred kegs of powder stored out- 
side of the fort, and a large quantity of clothing were 
taken. These munitions of war were designed to supply 
the hostile assemblages in the Floridas with the means of 
depredating on the American frontier. Two of the prin- 
cipal chiefs of the fort were made prisoners, whom, Colonel 
Chinch, on hearing the barbarous manner in which they 
had murdered the American prisoners, gave up to the 
M'Intosh Indians, who executed upon them a terrible act 
of retributive justice. 

Aury's establishment at Galveston. The unsettled 
^tate of the Spanish South American provinces aflJbrded 



1817. OP THE UNITED STATflS. 93 

favorable opportunities for the turbulent and adventurous to 
engage in desperate enterprises. Of this description was 
Louis Aury, a West Indian, of French extraction, who in 
July, 1816, having collected several vessels at Aux Cayes, 
and manned them with a mixture of brigands, mulattoes, 
and refugees from the piratical station at Barrataria, re- 
cently broken up, proceeded to form an establishment at 
Snake Island, in the bay of St. Barnard, in the gulf of 
Mexico. This was a small uninhabited sand bank, of a 
few miles in circumference, on the coast of Texas, 130 
miles westward of the mouth of the Mississippi, and within 
what was claimed to be the Louisiana purchase. Aury 
having planted himself on this spot, immediately opened a 
communication with Herrara, another adventurer, who at 
New Orleans had assumed the character of agent from a 
Mexican congress. Herrara, with what followers and 
friends he could obtain, proceeded to join Aury ; and they, 
with their associates, to the amount of three hundred des- 
peradoes, of every description and color, immediately became 
patriots, contending for the liberties of man. Their first 
proceeding was to organize a republic, of which Aury was 
the civil and military governor: their next to institute a 
court of admiralty to pass judicial sentences upon the prizes 
which might be taken and brought in by their squadron. 
Another Frenchman, a bankrupt auctioneer, from New 
Orleans, was appointed secretary of state. An administra- 
tor of the public revenue, a collector of customs, and other 
officers deemed necessary to give their establishment the 
semblance of a legal government, were also appointed. The 
republic thus constituted, assumed the name of Galveston, 
and commenced their operations by capturing Spanish slave 
ships in the gulf of Mexico, condemning them in Aury's 
admiralty courts, and smuggling them into the United States. 
Slave speculators, in considerable numbers, resorted tiiere, 
purchased their cargoes, and transported them through the 
marshes and swamps on the coast, to the planters of Louisi- 
ana. Other goods, also, found on board their prizes, were 
packed in small parcels and introduced into the United States 
through the same channel. This assemblage, differing from 
a gang of pirates only in their boldness in assuming the 
forms of a regular government, were not scrupulous in re- 
gard to the national character of the vessels which they 
plundered, but laid their hands on all where they could find 
specie, valuable merchandise, or slaves on board. Many oi' 



01 HISTORICAL SKETCHES CH. V. 

the regular merchants of New Orleans, trading in the gull" 
of Mexico, suffered by their depredations. 

Aury and his associates continued in this course at Galves- 
ton until the next April, when finding his proceedings no- 
ticed by the American government, he removed to Matagor- 
da, on the same coast, ninety miles west of his first station ; 
leaving only an advice boat to direct his cruisers, with their 
prizes, to follow him. A few days afterwards, the General 
Artigas, one of his privateers, arrived at Galveston with 
two Spanish prizes, containing two hundred and eighty- 
seven slaves, and another with three prizes, a Spanish, a 
Portuguese, and an American. The Lafittes, formerly cliiefs 
of the Barratarian pirates, were among the most conspicu- 
ous of Aury's men, and owners of several cruizers in the 
gulf of Mexico. After Aury had left Galveston, a new set 
of adventurers, to the amount of thirty or forty, proceeded 
to that spot from New Orleans, and organized another re- 
public, with their courts of admiralty and public officers. 
Some of the prizes condemned by the Galveston courts, 
were afterwards sent by the captors to New Orleans for 
sale, where they were claimed by the Spanish consul, in be- 
half of the original owners, and restored. Aury, finding 
his last position too remote for the purpose of smuggling his 
plundered property into the United States, quitted it, and 
returned to Galveston. After remaining there a few days, 
and collecting together all the adventurers in the gulf of 
Mexico who were willing to join his fortunes, he sailed for 
Amelia Island, giving notice that Galveston was no longer 
under his protection. 

Amelia Island. This island lies at the mouth of the Si, 
Mary's river, the southern boundary of the United States, 
opposite Cumberland Island, and nine miles from the town 
of St. Mary's, on the American side of the river, is thirteen 
miles long, and two broad, and has only one place of any 
consequence, the town and fort of Fernandina. Its position 
rendered it a convenient point for clandestinely introducing 
slaves into the United States ; and a set of speculators had 
collected there, principally for that object. Although an 
appendage of East FlorMa, the Spanish authorities had 
ceased to have any effect there, since the troubles in South 
America. Previous to Aury's arrival, Gregor McGregor, a 
Scotchman, who had escaped from the royalist army on the 
Spanish main, had taken possession of the island, assum- 
ing the title of brigadier general and commander in chief of all 
?he forces, naval and military, destined to effect the indc- 



1817. OF THE UIMTED STATES. 95 

pendence of the Floridas ; and claiming to be authorized by 
the republics of Mexico, Buenos Ayres, New Granada, and 
Venezuela, to liberate those provinces from Spanish tyranny, 
and give them the blessings of a free government. He was 
accompanied by one hundred and fifty followers, refugees 
and deserters from the republican armies, who were to be 
liberally rewarded with offices and land in the territory they 
were about to conquer. At this time there were but few 
vSpanish inhabitants in the Floridas, excepting those who 
were employed by, or in some way dependent on, the govern- 
ment ; and these too much dispersed to be united in any 
systematic opposition to royal authority. McGregor's pro- 
clamations were unattended to ; and he soon quit the 
country, finding it ill suited to his purposes, and returned to 
the Spanish main, leaving Ruggles Hubbard, formerly sheriflT 
of the city of New York, in possession of the island, under 
the assumed title of Governor. Hubbard, with the assistance 
of Irvine, from the same city, undertook the management of 
its aifairs. Aury, hearing of McGregor's expedition, hast- 
ened to Amelia Island, with the view of joining their forces, 
for the conquest of the Floridas. Before he arrived, McGre- 
gor had gone, and Hubbard and Irvine had taken possession. 
For the want of funds, the affairs of these persons had be- 
come desperate, and they were about leaving the island when 
Aury arrived. By a successful course of plundering, he 
had obtained considerable funds, and a large number of fol- 
lowers, blacks, renegadoes, and brigands of every descrip- 
tion. A negotiation soon took place between him and the 
occupants of the island, by which he obtained its possession^ 
and Hubbard and Irvine a supply of their most pressing 
wants. Aury brought with him a number of slave vessels, 
prizes to his squadron, the cargoes of which he and his new 
associates contrived to smuggle into the United States. 
The principal business of the successive occupants of this 
island, was to commission privateers, fitted out and owned 
by American citizens, to cruise on the Spanish trade, in 
the gulf of Mexico ; to furnish a convenient asylum for 
their prizes ; and a depot from whence their cargoes might 
be illegally introduced into the United States. Several 
privateers, thus fitted out in American ports, and manned by 
American citizens, had been commissioned by McGregor, 
and had captured and sent into Amelia a number of Spanish' 
prize ships, during his occupation of the island. The same 
course had been pursued, with the same result, by his suc- 
cessors. In October Aurv received a reinforcement of 



96 HISTORICAL SKETCHES CH. V. 

twenty lialf-pay British officers, who had been thrown out 
of employment inconsequence of the European peace, and 
who came out from Great Britain in the character of patriots 
in pursuit of honor, fame, and wealth, in the Spanish Ame- 
rican contest. Hearing of McGregor's proceedings at 
Amelia, they came there with a view of uniting their fortunes 
with those of their countryman ; but not arriving until his 
departure, their only alternative was to join Aury. His 
proceedings, those of McGregor and his associates, and of 
the people left at Galveston, all had one object, and bore one 
character ; that of piracy and plunder, under the mask of 
patriotism. The capture of Spanish slave vessels, in the 
gulf of Mexico, and the introduction and sale of their car- 
goes of human flesh into the United States, in defiance of 
law, was their principal aim ; but the flag of no nation pro- 
tected their ships, when valuable cargoes came within their 
reach. 

Executive proceedings relating to Amelia Island. The 
character and conduct of these establishments, under their 
successive leaders, had been critically observed by the go- 
vernment of the United States. They presented a case of 
some difficulty and importance. In the contest between 
Spain and her American provinces, it was determined to 
maintain a strict and impartial neutrality, although the public 
feeling was altogether in favor of the latter. The territory 
occupied by these companies of plunderers, was claimed by 
Spain ; and it might be considered as an act of hostility 
against her, to take possession of it by force. At the same 
time, the occupants claiming to act under authority from 
the Spanish American republics, any force directed against 
them might be considered as operating against the cause of 
liberty in South America. That they should continue their 
machinations, on the borders of the United States, so much 
to their prejudice, was not to be endured. From the cir- 
cumstance that the United States were engaged in a nego- 
tiation with Spain, for the cession of the Floridas, and their 
remote situation from the contending provinces, the execu- 
tive very much doubted, from the first, whether these bands 
of adventurers had any authority from those republics. 
Circumstances were constantly occurring, which convinced 
the president that they were of a piratical character, unau- 
thorized by any government ; and the executive finally de- 
termined to occupy Amelia Island, notifying Spain that it 
was only for the purpose of preventing this conduct, and 
not with views hostile to her interests. 



ISl?. OF THE UNITED STATES* 97 

On the 12th of November, Major Bankhead, commandant 
of a battalion of artillery, stationed at Charleston, was or- 
dered to take possession of Amelia Island, in conjunction 
with Captain Henly, of the ship John Adams, dispatched 
from New York, with a small squadron, for that purpose„ 
On the 22d of December, the military and naval command- 
ers addressed a joint letter to Aury, informing him of their 
orders, and requiring him to surrender the island to them, 
and evacuate it as soon as possible, without any destruction 
or injury to the property found there when he took posses- 
sion. Aury proposed to submit their claims to the determi- 
nation of the representatives of the people of his republic^ 
assembled at Ferdinanda ; at the same time informing- the 
American officers that no opposition would be made to their 
landing. On the next day they took possession of the 
island. Aury having no place of refuge, was suffered to 
remain With his followers until February, his blacks, and 
the most turbulent of his company, being ordered on board 
his vessels. From Amelia Aury came to Charleston, where 
he was arrested on the application of the Spanish consul, 
at the suit of an owner of one of the Spanish vessels cap- 
tured by his squadron. He was discharged by Judge Dray- 
ton, from this process, by a writ of habeas corpus, on the 
ground that a marine trespass, committed without the juris- 
diction of the United States, by foreigners at war, was not 
cognizable by the federal courts. The Galveston establish- 
ment, unsupported by any power, and narrowly watched by 
the American officers, crumbled to pieces, and dispersed. 

East Florida. The territory of East Florida was, dur- 
ing the war of 1812, and continued to be after its close, the 
receptacle of a population of the vilest character. The 
Spanish authorities were over-awed, and scarcely felt be- 
yond the limits of one or two fortified positions. The most 
numerous occupants of the interior, were the Seminole 
Indians, originally outcasts from the Creeks. Associated 
with them were the Red-sticks, Creeks who had been ex- 
pelled from their lands, in consequence of the war of 1813, 
and the subsequent treaty, and other fugitives from the more 
northern tribes. They had erected a high pole, at their 
principal village of Mickasuky, in imitation of American 
liberty poles, and painted it red, to denote their thirst for 
the blood of the whites. Instead of stripes and stars, their 
flag was composed of the scalps of American citizens, whom 
they had murdered. Hence they were denominated Red- 
sticks. To these were added large assemblages of runaway 
9 



08 HISTORICAL SKETCHES CH. V'^ 

negroes from Georgia, who here found an asylum, and were 
encouraged and assisted to rob and murder their former 
masters. The frontier inhabitants had every thing to fear 
from such a population. Their numbers and strength were 
increasing. Their warriors were variously estimated, from 
fifteen to twenty-five hundred ; probably the least was too 
high an estimate. Francis Hillishago, the chief of the dis- 
possessed Creeks, had been to England to claim a restora-^ 
tion of their lands, which they had been made to believe were 
o-uarantied to them by the treaty of Ghent, and had received 
much attention, and encouraging talks, but no substantial aid 
from the British authorities. Adventurers from New Provi- 
dence came among them, in the character of traders, and mili- 
tary leaders, supplied them with the instruments of plunder, 
and encouraged them in the belief that they would be support- 
ed by the British arms, in their attempts to repossess then- 
lands. The Spanish garrisons gave them every encourage- 
ment, supplied them from Havana, represented their govern- 
ment' as their protectors, and the Americans as their ene- 
mies, having no other view but to seize their lands, and 
extinguish their race. These garrisons, and the British 
traders, purchased their plunder. Thus supported, this ban- 
ditti carried on a barbarous system of depredation and mur- 
der, on the Georgia and Alabama frontier. The Mickasuky 
villages stand on the borders of a lake of the same name, 
near the northern boundary of East Florida, and the south- 
ern limits of Georgia. From their situation in the midst of 
a wilderness, and surrounded with swamps, they were con- 
sidered as secure from the attacks of the whites. Another 
considerable place was the Sawaney villages, near the mouth 
of a river from which they derived their apellation, empty- 
ing into the gulf of Mexico. The principal occupants of 
these villages were fugitive slaves from Georgia; and their 
chief employment, and means of support, consisted in de- 
predating on their former masters. . 

General Gaines' instructions. This region lay withm 
the military department of general Jackson, and was under 
the immediate command of general Gaines. The latter 
was ordered to concentrate the regular force in that quartc_r, 
establish the necessary posts, and protect the frontier. In 
pursuance of these orders, he built fort Scott, on the Fhnt 
river, near its junction with the Catahoochee ; fort Games, 
on the latter river, on the line between Georgia, and the 
Mississippi territory ; and fort Crawford, within that tcrri^ 
tory, on the Canacho branch of the Escambia. 



-1817. OF THE UNITED STATES. 99 

General Gaines' instructions on the subject of the Semi- 
nole war, were contained in four orders, from the war de- 
partment. The first, of the 30th of October, 1817, after 
directing- a detachment of Georgia militia 1o be called into 
service, states, *' that the assurance of an additional force, 
the president flatters himself, will at least have the effect of 
restraining the Seminoles from committing further depreda- 
tions, and perhaps of inducing them to make reparation for 
the murders which they have comm]tted ; should they, how- 
ever, persevere in their refusal to make such reparation, it 
is the wish of the president that you should not, on that 
account, pass the line, and make an attack upon them within 
the limits of Florida, until you should have received further 
instructions from this department. You are authorized to 
remove the Indians, still remaining on the lands, ceded by 
the treaty made by General Jackson with the Creeks." 

The second, bearing d te the •2d of December, remarks, 
♦'the state of our negotiations with Spain, and the temper 
manifested by the principal European powers, make it im- 
politic, in the opinion of the preside at, to move a force, at 
this time, into the Spanish possessions, for the mere pur- 
pose of chastising the Seminoles, for depredations which 
have heretofore been committed by them." By the third, 
dated the 9th of December, general Gaines was instructed, 
that should the Indians appear in force on the Spanish side 
of the line, and persevere in committing hostihties within 
the limits of the United States, to exercise a sound discre- 
tion as to the propriety of crossing the line, for the purpose 
of attacking them, and breaking up their towns. The fourth, 
bearing date the 16th of December, further instructed him, 
that should the Seminole Indians still refuse to make repa- 
ration for their outrages, and depredations on the citizens of 
the United States, to consider himself at liberty to march 
across the Florida line, and attack them within its limits, 
unless they should shelter themselves under a Spanish fort, 
and in that event, immediately notify th^ war department. 

His proceedings. On the 19th of November, General 
Gaines' head quarters being at fort Scott, in pursuance of 
his instructions to remove the remaining Creeks from the 
territory ceded to the United States, by Jackson's treaty, 
he dispatched an officer to Fowltown, an Indian settlement 
a few miles below him, whose inhabitants still lingered on 
the ceded lands, to require its chief to repair to his head 
quarters, and answer for his conduct in not quitting the ter- 
ritory. The Indian returned a haughty refusal. Major 



100 HISTORICAL SKETCHES CII, T - 

Twigs was dispatched the next day, with two hundred and 
fifty men, with orders to bring the chiefs, and warriors of 
Fowltown, to fori, Scott. Major Twigs arrived at the town 
early in the morning, and was attacked by the Indians. His 
detachment returned the fire, killed four warriors, wounded 
several, and put the rest to flight. Four days afterwards, 
the same oificer was sent to destroy the town, which he 
found deserted, and bring off the provisions. To supply fort 
Scott, Major Muhlenburgh had been ordered from Mobile, 
with three vessels, laden with military stores ; and on the 
30th of November, was at the mouth of the Apalachicola 
river, endeavoring to ascend. General Gaines dispatched 
Lieutenant Scott down the river with a boat, and forty men 
to his assistance. Major Muhlenburgh took oat twenty of 
the men, and put on board about the same number of his sick^ 
and invalids, and seven women, and sent the boat, thus laden, 
back to the fort. On reaching the mouth of the Flint river, 
they were attacked by an ambuscade of Indians, from the 
banks. The whole party were killed except six soldiers^ 
who escaped by swimming to the opposite shore, and one 
woman taken prisoner. The women and sick were dashed 
to pieces on the sides of the boat, and their scalps taken off^ 
carried to Mickasuky, and hoisted on their red pole as tro- 
phies of the'r victory. 

The Indians, whose dwellings and provisions had been 
destroyed, at Fowltown, with others, collected by them,, 
were the agents in this attack, and continued to line the 
banks of the river, opposite the vessels, and fire on them 
whenever a man appeared on deck. Northerly winds and 
a strong current prevented them from ascending the river, 
and detained them in this perilous situation for several days^ 
Another boat, with a party, was sent down to their aid, se- 
cured from a+tac by bulwarks, and with their assistance^ 
and a favorable change of wind, Major Muhlenburgh was 
enabled to reach the fort. 

In consequence of the requisition of General Gaines, Ge-^ 
neral Glassock's brigade, of Georgia militia, had been or- 
dered into service early in November, for a term of three 
months, but owing to the delays incident to the movements 
of that description of force, and the want of seasonable 
supplies, their term of service had nearly expired, before 
they reached the place of destination ; none could be pre-^ 
vailed upon to volunteer for a longer period, and they re- 
turned without affording any aid to.the operations of Gen era^ 



1B17. OF THE UNITED STATES. 101 

Gaines, and a second detachment, of a thousand men, were 
ordered out to supply their places. 

The practice of provisioning the troops by contract, in- 
stead of a commissariat, which had been adopted as a rnatter 
of economy since the war, was attended with great injury 
to the active service required in the south. The rise of pro- 
visions, and the unforeseen difficulties attending their trans- 
portation, had rendered the business a losing concern to 
llie contractor, one of his principal agents failed, the provi- 
sions were not furnished, the troops were put on short al- 
lowance, and fort Scott was upon the point of being aban- 
doned, for the want of supplies. On this subject, General 
Jackson remarks, "the mode of provisioning an army by 
contract is not adapted to the prompt and efficient move- 
ment of troops. It may answer in time of peace, where a 
failure or delay cannot produce any serious ill consequences ; 
but where act we operations are necessary, and success de- 
pendent upon prompt and quick movements, no dependence is 
to be placed on the contractor. His views are purely mer- 
cenary, and where the supplies will not insure a profit, he 
hesitates not on a failure, never regarding how far it may 
defeat the best devised plans of the commander in chief. 
Experience has confirmed me in this opinion, and the re- 
cent failure has prompted me again to express it." 

Instructions to General Jackson. On receiving intelli- 
gence of tlie destruction of Lieutenant Scott and his party, 
the executive determined on taking more vigorous measures 
against the hostile assemblages in East Florida. On the 
26th of December, orders were transmitted to General 
.Tackson, then at his residence in Nashville, to repair with- 
out delay to fort Scott, and assume the immediate command 
of the forces in that quarter. After stating the amount of 
troops already in service, and the estimated number of the 
enemy, his instructions direct him, that if in his opinion, an 
additional force is requisite, to call upon the executives of 
the adjacent states for such farther detachments of militia 
as he might deem necessary. He is then furnished with 
copies of the orders previously given to General Gaines, as 
containing the rules by which his conduct in the war was to 
be governed. 

Enlistment of volunteers. On the receipt of this order, 
the general invited to his quarters a number of men who 
had served under him as officers in the campaign of 1813-14. 
against the Creeks, and proposed to them to raise a corps 
of a thousand mounted volunteers for the expedition, to serve 
9" 



102 HISTORICAL SKETCHES CH, V.. 

for the term of six months, unless sooner discharged ; and 
published an address, appealing to the patriotism of the vo- 
lunteers of West Tennessee, to engage in the service. As- 
surances were given, that the requisite number should be 
raised. To those with whom patriotic motives were a se- 
condary consideration, the prospect of a military excursion 
on horseback into the Floridas, and an opportunity of ex- 
ploring a territory which was expected soon to belong to the 
United States, at the expense of government, were power- 
ful inducements. The formidable armament to be arrayed 
against feeble bands of savages and negroes, put aside all 
idea of a serious conflict. General Jackson's name was a 
bulwark against the Indians of the south. The corps was 
soon completed, placed under the direction of Colonel 
Haynes, inspector general of the department of the south, 
ordered to rendezvous at Fayetteville, and proceed from, 
thence to fort Scott, by the way of fort Gaines. 

To a general more scrupulous in relation to constitutional 
points than the commander of this expedition then was, a 
question would have arisen whether this mode of raising 
troops was in compliance with his instructions, and a diffi- 
culty would also have presented itself as to organizing them 
In what manner and by whom were the officers to be ap- 
pointed and commissioned ? The constitution recognizes 
but two species of military officers : one, those of the re- 
gular service, appointed by the president and senate, and 
commissioned by the executive ; the other of the militia, 
appointed and commissioned under the state authorities. 
General Jackson, however, did not permit any constitutional 
scruples to prejudice the public service. The governor of 
Tennessee was said not to have been at Nashville at this 
time. The proposed volunteers would be a much more effi- 
cient corps than a militia draft. The officers might be de- 
signated by the men they were to command, and approved 
by the general, and when once taken into service, courts 
martial might settle all further difficulties. The principle 
adopted by the general was, that his instructions ordered 
him to break up the hostile collections of Indians and ne- 
groes in the Floridas, and secure the southern border ; and 
that by a liberal construction, they authorized every mea- 
sure conducive to that object. General Jackson made the 
president acquainted with his proceedings, and received hit^ 
unqualified approbation. How far this could legalize the 
measure, presented an interesting question. The subse- 
f^uent approbation undoubtedly placed it on the same groimd 



1817. OF THE UNITED STATES. 103 

as a previous order, but the question still occurs, what pow- 
ers has the president on this subject T Enlisting a corps 
of volunteers, is another term for raising an army. No 
trace of such a power delegated to the president, is to be 
found in the constitution. On the contrary, that instru- 
ment expressly provides that it should be lodged in con- 
gress. 

Fort Gadsden. Having directed Colonel Gibson, his 
quartermaster general, to procure supplies at New Orleans, 
and proceed with them to the mouth of the Apalachicola 
river, the general left Nushville and arrived at fort Scott on 
the 9th of March, with nine hundred of the Georgia militia. 
Here he found the troops in a starving condition, with only 
one quart of corn to a man, and a few lean cattle. These 
he ordered to be slaughtered, and the provisions distributed 
to the troops. He crossed the Flint river on the 10th, and 
took up his line of march towards the mouth of the Apala- 
chicola, in expectation of meeting the supplies from New 
Orleans. On the 16th he arrived at Prospect Bluff, the site 
of the old negro fort which had been blown up in 1816. This 
he ordered te be rebuilt, to furnish a depot for the provisions 
expected from New Orleans, and denominated it fort Gads- 
den, in honor of one of his aids ; provisions not having ar- 
rived, the troops were put .upon half allowance. On his 
march he was joined by General Gaines, whose boat had 
been upset on the Flint river, by means of which he lost 
his adjutant general. Major Wright, two soldiers, and all his 
baggage. 

Provisions ordered through the Spanish territory. The 
most convenient mode of provisioning the posts on the Flo- 
rida border, was by means of the rivers which communicate 
with the gulf through that territory. This, it was manifest, 
could not be done against the will of the Spanish authoril 
ties, without violating the rights of that nation. There 
being no Spanish fortress on the Apalachicola, that river 
was made use of for this purpose with little ceremony. 
Fort Crawford is situated on the head waters of the Es- 
•;ambia, which communicates with the sea by Pensacola, 
and cannot be entered without passing the fortress of Ba- 
rancas. General Jackson finding this the most convenient 
channel of supplying that post, wrote to the governor of 
West Florida, that he should send his provisions that way, 
and any interruption in their passage would be considered 
as an act of hostihty against the United States. The go- 
vernor replied that the provisions must be landed, and the 



104 HISTORICAL SKETCHES CH. V. 

Spanish duties paid. The general, however, without obtahi- 
ing the governor's assent, or complying with his terms, sent 
on his provisions, which were suffered to pass without in- 
terruption. 

Relative condition of the forces. On the first appearance 
of an Indian war in the south. General M'Intosh, a half 
breed, and chief of the upper Creeks, had been taken into 
the United States' service, with fifteen hundred warriors. 
The whole force now arrayed against the Seminoles, con- 
sisted of 800 regulars, 1000 Georgia militia, 1000 Tennesee 
volunteers, and 1500 Indians, composing a formidable army 
of 4300 men. The enemy to be combated, consisted of a 
few hundred fugitive Indians and negroes, hid in the swamps 
and wilds of the Floridas, with no means of raising or sub- 
sisting a military force of any magnitude. 

Destruction of the Mickasuky villages. General Jack- 
son, having* made the necessary arrangements at fori 
Gadsden, set out on the 26th of March, in quest of his 
enemy. On the 1st of April, near the Mickasuky vil- 
lages, he was joined by the main body of the Tennessee 
volunteers, who, hearing of the starving condition of the 
garrisons at fort Gaines and fort Scott, took a circuitous 
route through Georgia, to obtain subsistence. A small dis- 
tance from the principal village, one of his spy companies 
had a short conflict with a few Indians, who fled at the ap- 
proach of the flanks. The army found the villages all de- 
serted. The habitations, amounting to three hundred, were 
burned ; the adjacent country reconnoitered, and an abun- 
dant supply of corn and cattle obtained. Evident indica- 
tions of a hostile spirit towards the Americans, were found 
at these villages. In the council house of the Kenhagwa's 
town, belonging to the king of the Mickasukians, were 
more than fifty fresh scalps ; and in the centre of the public 
square, stood the old Red-stick standard, a red pole strung 
with scalps, recognized from the hair, to have been taken 
from the heads of the unfortunate companions of Lieute- 
nant Scott. 

Leaving M'Intosh and a portion of his warriors to scour 
the country, and hunt the straggling Seminoles in the neigh- 
borhood of Mickasuky, the general took up his line of march 
for fort St. Marks, a small Spanish post at the mouth of n 
river of the same name, at the head of the Apalachy bay. 
Capt. M'Keever, who brought the supplies from New Or- 
leans, with Col. Gibson, had been sent round into this bay, 
with orders to cruise near the mouth of the river, to take 



1817. OF THE UNITED STATES. 105 

any Indians who might be endeavoring to escape in that di- 
rection. By hoisting an English flag he succeeded in de- 
coying on board, two chiefs, Francis Hillishago, who had 
been to England to solicit aid for the dispossessed Creeks, and 
who was the principal instigator of this war ; and Hornot- 
tlemied, an old Red-stick chief, who commanded the party 
which massacred Lieutenant Scott and his companions. 

Capture of St. Marks. At St. Marks, General Jackson 
found a feeble Spanish garrison, but no enemy. He de- 
manded of the commandant, that the fortress should be occu- 
pied by the American troops ; while the latter was deliberating 
on this demand, and requesting time to communic te with 
his superior, the general entered the fort, hoisted the Ame- 
rican flag, and shipped the Spanish authorities and troops to 
Pensacola. 

Arbuthnot. Near St. Marks he found Alexander Arbuth- 
not, a Scotch trader from New Providence, who was carry- 
ing on an extensive intercourse with the Indians and ne- 
groes of East Florida. He had a store at the Sawaney viU 
lages, and was the owner of a small schooner, with which 
he carried on his trade between that place and the Bahamas. 
At this time, he had left his store and vessel in charge of 
his son, and came to St. Marks on the business of his occu- 
pation. The general seized Arbuthnot, and put him in close 
confinement; hung the two Indian chiefs taken onboard 
M'Keever's vessel ; left a small garrison in the fort ; and on 
the 9th of April, marched for Bow-legs town, and the ne- 
gro settlements on the Sawaney river. 

Sawaney settlements. These were 107 miles in an east- 
erly direction from St. Marks ; and were the principal ren- 
dezvous of the parties, committing depredations on the 
Geoi^ia frontier. On the 10th he was jo ned by the rear of 
the 1 ennewsee volunteers, and M'lntosh's party. On the 
16th a reconnoitering party of s x mounted Indians was 
discovered, who immedia>^ely fled to the towns, and gave the 
alarm. The American troops arrived at sunset, killed ele- 
ven Indians and negroes, and took two prisoners. The 
next day the towns were destroyed ; a considerable quantity 
ot corn and cattle secured, and the adjacent country tra- 
versed in pursuit of stragglers. Arbuthnot's schooner was 
captured at the mouth of the Sawaney river, and employed 
n fvf ®^i J'l^^^®''^^' ^"^ baggage ofthe army, to St Marks, 
un tne iwth, General Jackson made prisoner of Robert C 
Ambrister, late a lieutenant of marines in the British ser- 
i^ice, under Nicolls. 



lOG HISTORICAL SKETCHES CH. V. 

Return to St. Marks. The proceedings at Sawaney, the 
general considers as having terminated the Seminole war ; 
which, as he states, had been rather a war of movements than 
of battles. The overwhelming force called into service upon 
this occasion, precluded the necessity of fighting ; the enemy 
thought of nothing but securing their safety by flight. The 
Georgia militia and M'lntosh Indians were discharged; and 
on the 21st of April, the general, with the regular troops and 
Tennessee volunteers, commenced his return to St. Marks, 
and reached that place on the '25th, having performed a march 
of lO"^ miles, through the wilderness and swamps of East 
Florida, in five days. 

Ambrister. The next object was the disposition of the 
prisoners, Arbuthnot and Ambrister. The nature and mag- 
nitude of their offences against the United States, appears 
from the following relation. In June, 1817, Arbuthnot had 
obtained a power of attorney from twelve Seminole chiefs, 
in very general terms, authorizing him to act in the affairs 
of their nation, as he thought firoper. He had represented 
to the Red-st cks, or fugitive Creeks, and induced them to 
believe, that they would be supported by the British govern- 
ment, in a war with the United States?, for the recovery of 
their lands. He bad written to the British ministry, to their 
ambassador at Washington, and to the governor general of 
the Bahamas, soliciting assistance for this object. In his 
capacity of trader, he had sold the Indians powder and ball, 
which might be applied to the purposes of war, as well as of 
hunting. He had induced the Indians to make prisoners of 
Hambly and Doyle, two Spaniards, settled on the Apalachi- 
cola, friendly to the Americans, by representing that they 
were instrumental in bringing upon thf^m the forces of the 
United States. While the army was on its march from 
Mickasuky to St. Marks, x\rbuthnot being at the latter 
place, wrote a letter to his son, advising him of its approach, 
and that it was probably destined for Sawaney ; and directing 
him to take the measures necessary to secure his property ; 
to give information to the inhabitants, and advise them by 
no means to attempt to fight the Americans, but to save 
themselves by an immediate flight. In January, 1818, he 
wrote a letter to Governor Mitchel, American agent for the 
Indians in the southern department, endeavoring to avert 
the impending war, claiming that the Indians were not the 
aggressors, and praying that the excesses of which they had 
been guilty, might be orerlooked, as the effects of an indig- 
nant spirit against an invading foe. Governor Mitchel 



1817. OF THE UNITED STATES. 107 

was so far convinced of the truth of these representations, 
that in his testimony in answer to an inquiry from the com- 
mittee of the Senate, as to the causes of the Seminole war, 
he stated, that previous to the attack of Fowltown, aggres- 
sions were as frequent on the part of the whites, as of the In- 
dians ; and that that attack, in his opinion, was the immedi- 
ate cause of the war. 

Robert C. Ambrister was a young man man of twenty- 
one, who had borne a lieutenant's commission in the Bri- 
tish service, under Nicolls and Woodbine, and had re- 
mained in the Floridas as a kind of successor and agent to 
them. He had resided a considerable time at Sawaney, and 
pursued the same general system of measures in relation to 
the negroes and Indians as Arbuthnot had done, though not 
to the same extent, or in concert with him. When the 
alarm was given of the approach of the American troops, 
he put himself at the head of what Indians and negroes he 
could rally, broke open Arbuthnot's store, and distributed its 
contents, among which were some powder and ball, to his 
followers, and attempted to organize a party to go out and 
fight the Americans. Except in this attempt, in which he 
entirely failed, neither of the prisoners had borne arms, or 
committed any hostility, against the United States. 

Principles of warfare with Indians. Notwithstanding the 
manner in which the Indians carry on their wars, by an indis- 
criminate murder of all who fall within their reach, authorizes 
any mode of retaliation which their enemy may think pro- 
per to pursue ; the United States, in their hostilities with 
them, have never carried the principle any further than to 
destroy their habitations and means of subsistence, and in 
this manner intimidating them, and compelling them to re- 
tire at such distances from the frontier, as that they would be 
unable to renew their ravages. Death or corporal punish- 
ment in any shape had never been inflicted on a prisoner, 
with the consent of the government. A foreigner, taken 
in arms, is justly considered in the same light as an enemy 
with whom he is associated. Admitting that Arbuthnot 
and Ambrister, by their conduct, though neither of them 
were taken in arais, deserved the same treatment as the sa- 
vages with whom they had connected themselves, there was 
no pretence for considermg them in any more unfavorable 
light, or taking their lives, upon any principle of civilized or 
savage warfare. After the Indians and negroes were com- 
pletely subdued, and not an enemy was to be found in arms 
in the Floridas, it remained a question exclusively for govern- 



108 HISTORICAL SKETCHES CH. V. 

merit to determine, in what manner these two Englishmen 
were to be disposed of. The commanding general, however, 
did not think it necessary to trouble either congress or the 
executive with any questions on this subject. 

Court martial. On the 26th of April he detailed a court 
martial, consisting of General Gaines as president, and six 
officers of the regular troops, and an equal number of Ten- 
nessee volunteers, as members, with orders to meet at 
twelve o'clock on the same day, " for the purpose of inves- 
tigating the charges exhibited against Arbuthnot and Am- 
brister, and such others, similarly situated, as might be 
brought before them , and to give their opinion as to the guilt 
or innocence of the prisoners, and what punishment, if any, 
should be inflicted." 

Trial of Arbuthnot. The charges preferred against Ar- 
buthnot, were, 

1st. " Exciting and stirring up the Creek Indians to war 
against the United States, he being a subject of Great Bri- 
tain, with whom they were at peace : 

2d. Acting as a spy, aiding, abetting, and comforting the 
enemy, and supplying them with the means of war : And, 

3d. Exciting the Indians to murder and destroy William 
Hambly and Edmund Doyle, and causing their arrest with a 
view to their condemnation to death, and the seizure of 
their property, on account of their active and zealous exer- 
tions to maintain peace between Spain and the United 
States, they being citizens of the Spanish government." 

The facts with regard to Arbuthnot's connection and in- 
tercourse with the Indians, as before related, were proved. 
Hambly was admitted to testify what the Indians told him 
in relation to the prisoner's conduct ; and Ambrister was re- 
jected as a witness, on the ground that he was under arrest 
for similar charges. 

The court decided, that the third charge was not within 
their jurisdiction ; that the first and second were proved ex- 
cept acting as a spy, and sentenced the prisoner to be 
hanged. 

Trial of Ambrister. On the 27th the court proceeded 
to the trial of Ambrister, on the following charges : 

" 1st. Aiding, abetting, and comforting the enemy, and 
supplying them with the means of war. And, 

2d. Leading and commanding the lower Creeks, in car- 
rying on a war against the United States." 

To the first charge, the prisoner pleaded not guilty. On 
the second, he admitted the fact, but denied that it was a 



1817. OF THE UNITED STATES. 109 

crime, for which he was liable to be arraigned and tried 
by a court martial. The facts, as have been before related, 
respecting Ambrister's conduct, were proved. The court, 
in the first instance, sentenced him to be shot ; but on recon- 
sideration, revoked that sentence, and ordered him to receive 
fifty lashes, and to be confined to hard labor, with a ball and 
chain, for a year. On the 29th, general Jackson approved 
the sentence of the court, in the case of Arbuthnot, and ap- 
proved the first sentence, as he termed it, of the court in the 
case of Ambrister, and disapproved of their reconsideration, 
and ordered both the prisoners executed the same day. In 
passing final sentence upon Ambrister, the general remarks, 
'*it is an established principle of the laws of nations, that 
any individual of a nation making war upon the citizens of 
another nation, forfeits his allegiance, and becomes an out- 
law and pirate." 

The institution of this court, its proceedings and result, 
and the proceedings of the commanding general in relation 
to Ambrister, in annulling the final sentence of the court., 
and substituting one which they never had passed, were 
matters of much animadversion. However the victims 
might have deserved their fate, and although the United 
States might be benefited by making them an example, this 
was a proper subject of consideration for the government, 
and not for a court martial ; and it w^as a matter of great re 
gret that a tribunal, established by law, for very different 
purposes, and having jurisdiction over the lives of American 
citizens, connected with the army, should be made the in- 
strument of inflicting capital punishment upon persons, who 
could, under no pretence, be considered liable to such a 
sentence. 

Capture of Pensacola. At St. Marks, the general learned 
that some of the fugitive Seminoles had crossed the Apala 
chicola, and taken refuge in West Florida. Adopting the 
principle that no hostile Indian was to be tolerated in any 
part of the Floridas, he determined to pursue his search 
through that province. Having garrisoned St. Marks with 
two hundred men, under major Fanning, he proceeded, on 
the 29th, to fort Gadsden, arrived there on the 2d of May ; 
on the 10th, crossed the Apalachicola, and after a march of 
twelve days, without finding an enemy, arrived on the banks 
of the Escambia, a short distance above Pensacola. Here 
the general received a spirited remonstrance from the go- 
vernor of West Florida, against his entrance into the pro- 
vince, and approachinsr the town, as a violation of the rights 
10 



110 JIISTOBICAL SKETCHES €H. T, 

of Spain, amounting to an act of direct war, and threatening^ 
to resist him with all his force. The general had learned 
that some fugitive Indians from the east had passed through 
the town, obtained some provisions there, and escaped across 
the bay. This circumstance, together with a disposition to 
show the governor that his remonstrances were unavailing, 
induced him to march into Pensacola. On the 24th, he took 
possession without resistance, the governor and all the mili- 
tary force having sought refuge in the fortress of the Baran- 
cas, at the entrance of the bay, six miles below the town. 
On the 25th, the general invested the fort, and after a bom- 
bardment which continued, with some. intermission, until the 
evening of the 27th, it was surrendered to the United States, 
The Spanish civil and military authorities, were transported 
to Havana ; the American flag hoisted at Pensacola and 
the Barancas ; and the province, occupied by general Jack- 
son's troops. Colonel King, of the 7th infantry, was ap- 
pointed civil and military governor, and captain Gadsden, 
collector of the port of Pensacola. The subordinate officers 
were to be appointed ; the revenue collected, and the laws 
administered under the direction of Colonel King. 

The general and his troops effectually scoured the eastern 
part of the province. Captains M'Girt, and Boyle, of the 
Alabama militia, were directed to raise a company of sixty 
mounted men each, and complete the destruction of the In- 
dians in the western. Having made these arrangements, 
the general discharged his Tennessee volunteers, and re- 
turned to Nashville, leaving general Gaines in command. 

Orders to take St. Augustine. On the 7th of August, 
he issued an order to general Gaines, that in case he could 
find proof that hostile Indians had been entertained, and 
supported by the Spanish authorities, at St. Augustine, the 
only remaining post in either of the Floridas, unoccu- 
pied by American troops, to march directly to that place. 
In communicating his proceedings to the war department, 
the general strongly recommends the retention of the Flo- 
ridas, and the establishment of a cordon of posts in the ter- 
ritory, sufficient to crush any hostile movement. 

Proceedings of the executive. On receiving official in- 
telligence of these operations, the president called a cabinet 
council, consisting of the secretaries of state, treasury, and 
war ; and proposed, for their consideration, the following 
questions : 

«<lst. Shall Pensacola be retained, risking all consequen- 
ces at home and abroad 1 



:lSl7, OF TIXE UNITED STATED. H^ 

2d. Shall the captured Spanish posts be restored, and ge- 
neral Jackson put on his trial before a court martial, for a 
breach of orders, and unofficer like conduct "? 

3d, Shall the posts be restored, and the acts of generaJ 
Jackson disavowed, at the same time justifying the motived" 

The council decided that the posts should be restored, re- 
quiring of the Spanish government, that they should be garri- 
soned by a force sufficient to enable them to fulfil the stipu- 
lations of the treaty of 1795, and that general Jackson should 
not be tried by a court martial. In pursuance of this advice, 
Pensacola and the Barancas were immediately restored, 
and St. Marks ordered to be given up whenever a Spanish 
force, apparently competent to its defense should appear to 
take possession. 

Destruction of CheJiawtown. During the period of these 
operations in tha Floridas, Governor Rabun, in consequence 
of depredations recently committed on the Georgia fron- 
tier, by a party of Indians from the towns of Philemmes 
and Hoppones on the Flint river, issued an ord^r, on the 
i4th of April, to Captain Obed Wright, of the Georgia 
militia, then stationed on that frontier by order of the go- 
vernor, to destroy those towns. An order of this descrip- 
tion implies, that all the fighting Indians that can be foundj 
should be slain, property of every desci-iption carried ofi' 
or destroyed, the houses burned, and the non-combatants 
driven into exile. Unfortunately, Captain Wright, on his 
march was informed that the chiefs of the offending towns 
were at the Chehaw village, one of the principal towns 
of the M'Intosh Indians, on the same river, fifteen miles 
above fort Early, whose warriors were then with General 
Jackson in the Florida expedition. In consequence of this 
information, Captcin Wright directed his march to this 
village, and executedhis orders with exemplary severity, on 
its unarmed and unoffending inhabitants. 

The surviving chiefs made a humble and pathetic repre- 
sentation of their distressed situation, to the United States 
agent, who immediately ordered the captured property to 
be restored, and assured them, in behalf of the government, 
that their losses should be remunerated, and the officer 
under whose orders it had been done, punished. 

Correspondence between Jackson and Rabun. Intelli- 
gence of this event reached General Jackson on the 7th of 
May, on his march from St. Marks to Pensacola. He im- 
nediately wrote to Governor Rabun, stating " that it was 
-Grange and unaccountable tho.t a governor of a state should 



112 HISTORICAL SKETCHES CH. V. 

assume the right of making war upon an Indian tribe, at 
perfect peace, and under the protection of the United States. 
You, sir," the general adds, " as a governor of a state 
within my military division, have no right to give a mili- 
tary order while I am in the field. Captain Wright must 
be prosecuted and punished for this outrageous murder, and 
I have ordered him arrested and confined in irons, until the 
pleasure of the president of the United States shall be 
known upon the subject." 

The governor, in reply, remarks, '' Had you, sir, been in 
possession of the facts which produced the order, it is to be 
presumed you would not have indulged in a strain so inde- 
corous and unbecoming. Wretched and contemptible, in- 
deed, must be our situation, if it be a fact, as you state, that 
a governor of a state has no right to give a military order 
while you are in the field : when the liberties of the people 
of Georgia shall have been prostrated at the feet of a mili- 
tary despotism, then, and not till then, will your imperious 
doctrine be submitted to. You may rest assured, that if the 
savages continue their depredations on our unprotected 
frontier, I shall think and act for myself in this respect. You 
demand that Captain Wright be delivered to Major Davis 
in irons. If you,sir,are unacquainted with the fact, I beg leave 
to inform you that Captain Wright was not under your com- 
mand. He having violated his orders in destroying the Che- 
haw village instead of the Hippones and Philemmes towns, I 
had, previous to receiving your demand, ordered him to be 
arrested ; but before he was apprehended agreeable to my 
orders, he was taken by your agent, and afterwards liberated 
by the civil authority. I have since had him arrested an'd 
confined, and shall communicate the whole transaction to 
the president of the United States for his decision, together 
with a copy of your letter." 

General Jackson replied, advising the governor to study 
the laws of his country, before he entered the lists of con- 
troversy with him on the subject of their relative powers 
and duties. The governor reciprocated this advice, by re- 
commending to the general to examine the orders of his su- 
periors with more attention than was usual for him, before 
he undertook to prosecute another campaign. This termi- 
nated their correspondence upon the subject. Captain 
Wright was seized and put in close confinement by Major 
Davis, under an order from General Jackson ; and liberated 
by the civil authorities of Georgia, by a habeas corpus, on 
■he ground, that that general had no right to imprison one 



iS17. OF THE UNITED STATES. 113 

of their citizens who was not in the military service under 
his command. Governor Rabun, on the 29th of May, as 
captain general of the Georgia militia, under whose orders 
Captain Wright acted, caused him to be arrested and held 
in confinement, subject to such order as the president of the 
ITnited States should give upon the subject. The president 
directed his trial before the circuit court for murder, and 
a warrant issued to the marshal to take him into custody. 
Captain Wright, in the mean time, broke his parol, fled, and 
avoided a trial. 

Vieios of the Seminole war. The incidents of this Se- 
minole Indian hunt, which has been dignified with the name 
of war, in a military point of view, are of very little conse- 
quence, and unworthy of a minute detail in a general his- 
tory of the times. It eventuated in the slaughter of about 
sixty hostile Indians and negroes, with the loss of twenty 
of the M'Intosh party. No white man was slain in the 
expedition. Seven hundred huts were destroyed, and their 
miserable and deluded inhabitants driven into exile. Two 
Indian chiefs, not taken in arms, but decoyed by stratagem 
on board an American vessel, were hung without ceremljny 
or trial. Two English renegadoes suffered death by a mili- 
tary execution : the Floridas cleared of hostile savages, the 
Spanish authorities transported to Cuba, and the territory 
>^eized, and put under the military occupation of the United 
States. The pecuHar characteristics of this war rendered 
It a subject of deep interest. On the one hand, the United 
States received great and essential benefits^ The very ex- 
tensive and exposed southern frontier was rendered secure 
from Indian depredations. The exemplary severity exer- 
cised upon the savages and their unprincipled advisers, were 
well calculated to strike terror upon tribes remote from the 
scene of action, and to deter savage whites from associating 
with Indians for the purpose of plunder and devastation. 

But these advantages were purchased by a sacrifice of 
principle, which Americans hold too dear to be bartered for 
any such objects. They have a constitution, framed with 
great circumspection, to guard their rights from the en- 
croachments of power. Every violation weakens its au= 
thority, and affords a precedent which may be perverted to 
the worst purposes. The danger increases in proportion to 
the high standing and popularity of the person by whom it 
IS transgressed ; and is much greater when done by a mili-^ 
tary than a civil officer. Pretenses of necessity, and an os 
tentatious zeal for the public good, are never wanting to jus . 
10* 



114 HISTORICAL SKETCHES CH. V. 

tify the arbitrary exercise of power. That part of the con- 
stitution which delegates the power of the sword to the ge- 
neral government, is guarded with peculiar caution, and ma- 
nifested in the sages who formed, and the people who 
adopted it, a great jealousy of military power. The militia 
are to be trained and officered by state authorities, and to 
be called into the service of the United States only in three 
specified cases. Congress alone can make w^ar, and raise 
and support armies, and even that body can make no appro- 
priation of money for that purpose for a longer term than 
two years ; so that the necessity and expediency of war, 
and of raising and supporting armies, may pass in review 
before the immediate representatives of the people on every 
change of that body. 

When the Tennessee volunteers were called into ser- 
vice, there was no law to authorize raising such a corps. 
The persons assigned to their command, having no legiti- 
mate commissions from the general government constituting 
them officers of such troops, could have no lawful authority to 
command them, or hold courts martial for the trial of capital 
offenses. The trial, condemnation, and execution of the two 
Englishmen found in the Floridas, for the charges alledged 
against them, was without authority either from the consti- 
tution and laws of the United States, or the principles of 
national law. The execution of the two Indian chiefs was 
unauthorized by any principles ever adopted by the United 
States towards tiiat people. The military occupation of the 
Floridas was an unequivocal act of war upon Spain, without 
the shadow of authority either from congress or the execu- 
tive, contrary to his express orders, and a measure which 
involved the United States in serious difficulties with that 
nation. On receiving intelligence of this event, the Spa- 
nish government demanded, that the act should be expli- 
citly disavowed ; that every thing should be restored to the 
state it was in before General Jackson entered the Floridas ; 
that satisfaction should be made for all losses sustained, and 
the commanding general punished ; and declared a suspen- 
sion of all diplomatic intercourse until these demands were 
complied with. 

Mr. Adams^ defense. Mr. Adams, the American secretary 
of state, in a letter to Mr.Erving, the substance of which was 
to be communicated to the Spanish ministry, entered into an 
elaborate justification of the proceedings of his government. 
By the treaty of 1795, Spain had expressly stipulated to re- 
strain, by force if necessary, the Indians within the limits of 



1817. or THE UNITED STATES. 115 

her territories from committing acts of hostility against 
the citizens of the United States. Mr. Adams produced a 
series of undisputed facts, which clearly proved that the 
Spanish authorities in Florida, so far from regarding this 
stipulation, had instigated and encourage ' the Indians and 
negroes within their limits to the most barbarous acts of 
murder and rapine ; had furnished them with the means of 
annoyance, and protected foreign miscreants in aiding the 
savages in their work of destruction. This, Mr. Adams 
claimed, was a full justification to the Spanish government, 
for every measure which the American had adopted in rela- 
tion to the Floridas, and would warrant any further repri- 
sals which the safety of the citizens of the United States 
might require : and concluded with demanding satisfaction 
for the heavy expenses incurred in prosecuting the Semi- 
nole war, and the exemplary punishment of the Spanish 
officers under whose authority these events had taken place. 

Arbuthnot and Ambrister being foreign emissaries, and 
principal instigators of the massacres done by the savages, 
their being put to death by an American officer, Mr. Adams 
contended, furnished no ground of complaint on thepart of 
Spain, though done within her jurisdiction. 

They being British subjects, their case was taken up and 
discussed in the British parliament ; and the view there taken 
of it was, that as they had voluntarily left their own country, 
and joined the ehemies of another, if taken, they were lia- 
ble to be treated in the same manner as those with whom 
they were associated ; and their military execution furnished 
no cause of complaint by the British, against the American 
government. 

Proceedings of congress relating to the Seminole war. 
Soon after the commencement of the session of congress 
in December, 1818, the president communicated to both 
houses all the papers relating to the Seminole war. In the 
senate, they were referred to a committee of five, Burrell, 
Lacock, Eppes, King of New York, and Eaton. The three 
first concurred in a report censuring in severe and unqualified 
terms the conduct of General Jackson throughout. The 
two latter justified him. The report was made to the senate 
near the close of the session, and no vote taken upon the 
subject. In the house of representatives, the papers were 
referred to the committee on military affairs, consisting of 
seven members, four of whom concurred in a report of a 
similar character with that made to the senate. The other 
^hree presented a statement approving the general's con- 



IIG HISTORICAL SKETCHES CH. V. 

duct, and concluding- with a declaration, tiiat he deserved 
the thanks of the country. The subject afforded matter oi 
discussion in the house for a considerable period of the ses- 
sion ; and on the final vote, the report of the committee 
was disagreed to, and the general's conduct approved by a 
majority of 100 to 70. 

The approbation of the president and senate has since 
been manifested, in his appointment to the offices of g-o 
vernor of the Floridas, and minister of Mexico ; of the 
legislature of Tennessee, in appointing him to the senate 
of the United States ; and of his feliow-citizens, in thr- 
electoral votes of 1824, which placed him highest on thr- 
ist of candidates for the chief ma^istracv of the nation. 



1817. OF THE UNITED STATES. IT 



CHAPTER Yl. 



View of the state of Europe — Comparison between the European and Arne 
rican principles of civil government — Progress of American principles in 
Europe— State of France after the battle of Waterloo— Disposition of Bo- 
naparte, and ])is brothers — Meeting of a congress of European powers at 
Vienna, to adjust their claims to territory— 'I'reaty of the holy alliance— 
The professions and views of the parties to it — Tiie occasion of its being 
formed — The meeting of the allied sovereigns at Troppau, at Laybach — 
Their proceedings — Revolutions in Naples and Piedmont suppressed by 
Austrian forces — Meeting of the holy alliance at Verona — Their proceed- 
ings in relation to Spain, South America, and Greece — Conduct of Eng- 
land — Revolution in Spain suppressed by the French. 

American principles compared with European. The 
family of civilized nations have so many interests in com- 
mon, and the affairs of one are so often blended with those 
of another, that in order to a correct understanding of the 
history of any particular state, tlie most important cotom- 
poraneous transactions of others must be kept in view. 

The battle of Waterloo, the occupation of Paris by the 
allied powers, and their arrangements consequent thereon, 
put an end to a war of twenty-four years, the most exten- 
sive and sanguinary, as well as the most important in its 
consequences, that Europe ever witnessed. During this 
whole period, the correct principles of political economy, 
which had been established by the American revolution, and 
transplanted to Eurooe at the close of the war of indepen^ 
dence, had been making a gradual advance in the minds of 
the people of that continent ; and had taken such hold of 
their affections, as to render it impossible they should ever 
be eradicated. Scarcely had the European armies returned 
from the American contest, and been suffered to mingle 
with the people, than popular risings in favor of the princi- 
ples of political liberty began to appear. These assumed a 
more or less formidable aspect, in proportion to the degree 
of information, and the means of resistance possessed by 
the people. They produced a uniform determination on the 
part of the ruling powers, to suppress them, not only each 
one in his o\yn dominions, but by a combined and general 
effort 



118 HISTORICAL SKETCHES €H. VI- 

The governing principles which sprang up in Europe in 
the dark ages, and prevailed under the denomination of the 
feudal system, were : 

That the prince was the proprietor of all the territory 
of his kingdom : that the people held all their lands under 
him; 

That they were his vassals, and owed him a perpetual 
and unalienable allegiance ; 

That the ultimate disposition of their persons and property 
was subject to his will ; 

That either with or without the authority of the pope, the 
rnonarch was the head of the church, and in that capacity 
had right to prescribe creeds and forms of worship for his 
^^ubjects, and compel a conformity by such pains, penalties, 
and disabilitieo, as he should think proper ; 

That he possessed these high prerogatives, not by the 
'ionsent of tJie people, but by a certain, hereditary, indefea- 
sible, and divine right, subject to no control, and accountable, 
to none for the manner in which he exercised his autho- 
rity; 

That every privilege and franchise enjoyed by th€ sub- 
ject, was from the free grace and bounty of the sovereign. 

As a necessary appendage of this system, the press, and 
all other sources of information, were subject to the control 
of the government, who were careful that no instruction in- 
consistent with these principles, should ever be communi- 
cated to the people. 

The act which separated the American colonies from their 
parent state, placed an enlightened and intelligent commu> 
nity of three millions, in a situation to establish a govern- 
ment for themselves, no individuals, class, or description 
of men, having any exclusive rights, privileges, or claims 
of superiority over their fellows. A situation so novel, and 
so happily adapted to the liberation of the people from the 
manacles of European despotism, was wisely improved by 
the framers of the American systems of government. They 
laid aside at once every thing savoring of the monarchal 
notions of the eastern continent ; and adopted the simple 
principle of perfect equality of rights among all the citizens. 
Their leading features were : 

That all legitimate civil government emanated from the 
people, and was designed for their good. 

That those selected to administer the government, had 
no powers but what were delegated to them by the people ^ 
•mder the constitution from which they derived their autho 



i817. OF TJIE UNITED STATES. il»J 

r'lty, and were themselves amenable to the laws which they 
should enact. 

That there should be no privileged orders, of any descrip- 
tion. ^ 

That the enjoyment of religious opinions and worship 
should be perfectly free, and no citizen should be subject to 
any penalties or disabilities, on account thereof. 

And, as a necessary appendage of this system, that the 
press, and all other sources of information, should be unre- 
stricted. 

The contest between these systems, the measures which 
the sovereigns of Europe have taken to establish their own, 
and extirpate the opposite, and the manner in which they 
have been resisted, form an interesting portion of American 
history. 

Confinement of Bonaparte at St. Helena. On the re- 
turn of Bonaparte from the battle of Waterloo, a short ne- 
gotiation took place between him and the existing authori- 
ties of France, in which he attempted to confer the crown on 
his son ; but which ended in an unconditional abdication of 
the throne. In that negotiation it was stipulated that hp 
should be provided with two frigates, to convey himself, his 
adherents, and his effects, to the United States. The ships 
were provided, but the vigilance of the English cruisers 
prevented their putting to sea. Bonaparte, as a choice of 
evils, rather than fall into the hands of his enemies in 
l^rance, voluntarily put himself on board the Bellerophon, a 
British seventy.four, under the command of Captain Mait- 
land. This event presented a new and singular question for 
the consideration of the allied sovereigns. In what man- 
ner should the person of the ex-emperor be disposed of 
t or twelve years he had belonged to the family of kinffs, and 
been recognized by them, as one of their number. Peace 
being established with France, he could in no sense be con- 
sidered a prisoner of war ; the detention of his person, there- 
iore, could not be justified upon any acknowledo-ed princi- 
ples of national law. He could not be landed on°the British 
shores, or brought within the jurisdiction of their courts 
without being liberated by a process which sets at liberty 
every person detained in custody, without legal authority 
In this instance, the great law of self-preservation super- 
seded all other considerations. To release him, would pro- 
bably produce further convulsions in Europe. The com- 
mander of the ship to whom he surrendered, was ordered 
not to approach within three leagues of the shore, and the 



120 HISTORICAL SKETCHES CH. VI. 

British government, in concert with their allies, ultimately 
determined on the perpetual detention of his person. The 
island of St. Helena was selected as the place of his con- 
finement. He was conducted to this spot, a rock ot about 
thirty miles in circumference, in the Atlantic ocean, twelve 
hundred miles from any continent, in the southern tropics, 
by a squadron of British ships, and there conrined, with halt 
a dozen attendants, during the remainder of his hte. fo- 
reign ships were prohibited access to the island. Irencft, 
Russian, Austrian, and Prussian commissioners constantly 
resided there, to witness his safe custody. Twenty-five 
hundred men, under the direction of Sir Hudson Lowe, civil 
and military governor of the island, and a squadron ol 
British ships, under the command of Admiral Cochrane, 
were employed to guard his person. This extreme solici- 
tude, on the part of the allied sovereigns, to confine the per- 
son of Bonaparte, bore the highest testimony in favor ot his 
talents, and at the same time indicated, in uneqnivocal 
terms, the precarious tenure by which, in their own estima- 
tion, they held their authority. 

Restoration of the Bourbons. The next consideration 
of the allies, was the organization of the French govern^ 
ment, in such manner as most effectually to eradicate revo- 
lutionary principles. To this end, the Bourbon dynasty, 
with all its appendages, was to be restored. According to 
the European theory of the monarchal system, the stroke 
which terminated the life of Louis XVL, devolved the crown 
on his son, the dauphin, who, in the dungeons of the Con ^ 
crecerie, became king of France, under the title of Louis 
XVn This unfortunate youth, m a short time loUowed 
his faiher to the tomb of the Capulets ; and the regal seep- 
tre, with all its hazards, came to the hands of the eldest 
brother of Louis XVF., then residing as a private gentleman 
at the village of Hartwell, in England, who became king ot 
France, un°der the title of Louis XVHI. He continued his 
residence at Hartwell, enjoying the title, without any othei 
appendages of royalty, until the expulsion oj Bonaparte to 
the island of Elba, in 1814, when, by the aid of the allied pow- 
ers, betook possession ofthethrone Withm a year, he yield- 
ed it to Bonaparte, without a struggle. The last reign of the 
emperor continued from April to June, 1815, when Loms 
was again called from his retreat, to the monarchy of 

^Treaty of Paris. The numerous revolutions, \vhich fol- 
lowed each other in quick succession, had shaken the belief 



a'81^. OV THE UNITED STATES. 121 

■of the people of France, in the divine right and hereditary 
succession of kings. The energy of Napoleon had exhi- 
bited a striking contrast with the v/eakness and inactivity 
■of the Bourbons. The revolutionary flame, though smo- 
thered, was by no means extinguished. By the treaty of 
Paris, of the 20th of November, 1815, between France, 
Great Britain, Russia, Austria, and Prussia, the limits of 
France, with few exceptions, were reduced to the state they 
were in before the commencement of the revolution. Louis 
XVIIL, as the price of hia restoration, and to defray the 
expenses of supporting a foreign army in France, stipulated 
^o pay th& allied powers seven hundred millions of francs;* 
and the allies, on their part, engaged to furnish an army of 
one "hundred and fifty thousand men, under the command 
of the Duke of Wellington, to occupy the principal posts in 
France, for five years, for the purpose of keeping down the 
revolutionary spirit, maintaining the royal authority in the 
Bourbon dynasty, and preventing the spread of anti-mo- 
narchal principles. The remains of the French imperial 
army, which survived the battle of Waterloo, were dis- 
banded. Marshal Ney, and General La Badoyere, were shot, 
and several other officers of distinction exiled, for their fide- 
lity to the emperor. The FrencJi people, overawed by these 
measures, and exhausted by revolutions, submitted : and the 
opposition to the ancient despotism was so effectually sub- 
"Jued, that the allies, at the end of three years, ventured to 
withdraw their troops. 

Disposition of the Bonaparte family. The family of 
Bonapartes, which Napoleon had raised from obscurity to 
kingly -authority, were glad to seek their personal safety 
in retirement. Joseph, king of Spain, found an asylum in 
the United States, at the village of Bordenton, on the left 
bank of the Delaware, where, with the title of Count de 
Survelliers, he enjoys a dignified retirement ; and inter- 
meddling in no shape with the politics of the country, sustains 
the character of a respectable citizen, and an amiable pri- 
vate gentleman. Louis, and Jerome, ex-kings of HollancT,, 
and Westphalia, became private citizens in different parts 
of Europe. Murat, their brother-in-law, in endeavoring to 
regain his kingdom of Naples, was seized by the inhabitants 
f Calabria, condemned by a* military tribunal, and executed. 
Lucien, the only one who had not been vested with kingly 



' One hundred and thirty-one millions of dollars. 
11 



122 HISTORICAL SKETCHES CH. VI. 

authority, remained at Rome until March, 1817, when he 
applied for passports to the United States. A solemn con- 
ference on this subject was held at Paris by the allied pow- 
ers of England, Austria, Russia, and Prussia, when it was 
determined that his removal to America would be hazardous 
to their repose ; that neither he nor any of his family should 
be permitted to leave Europe, and that to prevent their es- 
cape, they should be removed from Rome into the interior. 
What this isolated individual, without friends or funds for 
any important enterprize, could do to jeopardize the monar- 
chies of Europe, is difficult to conceive. The anxiety of the 
allied powers on this occasion, formed a striking contrast 
with the liberal spirit of the American republic, which freely 
permits its citizens to depart whenever they please, and in- 
vites to its shores, emigrants of every character, entertain- 
ing no fears that their machinations can disturb th« founda- 
tions of its government. 

Congress of Vienna. After settling the affairs of France, 
the allied monarchs held a general congress at Vienna, to 
regulate the concerns of the minor European governments. 
With little regard to the interests or wishes of the people, 
they were transferred from one to another in such manner 
as in the view of the allies, would most effectually prevent 
the further progress of revolutionary principles. The Bel- 
gic provinces were united with the states of Holland, both 
constituting the new kingdom of the Netherlands, and given 
to the prince of Orange, the former stadtholder of Holland, 
who had distinguished himself in the cause of the monarchs 
and who now became one of their number, under the title 
of king of the Netherlands. Various dispositions were 
made in relation to the principalities of Germany ; the 
Italian states were placed under the tutelage of Austria ; 
and the Russian autocrat took charge of the despotism of 
the north. 

Previous to their leaving Paris, the emperors of Russia 
and Germany, and the king of Prussia, personally entered 
into a solemn covenant with each other, denominated the 
HOLY ALLIANCE. This memorable instrument bears date at 
Paris, the 26th of September, 1815; signed, Francis, Frede- 
rick William, and Alexander. They solemnly declare, that 
** they have no other object in vffew, than to show, in the face 
of the universe, their unwavering determination to adopt for 
the only rule of their conduct, both in the administration of 
their respective states, and in their political relation with 



1817. OF THE UNITED STATES. 128 

every other government, the precepts of justice, of charity, 
and of peace." 

They stipulate, 

" 1st, That in conformity with the words of the holy scrip- 
tures, which command all men to regard one another as 
brethren, they will remain united by the bonds of a truce and 
indissoluble fraternity ; and considering each other as co- 
patriots, they will lend one another on every occasion, and 
in every place, assistance, aid, and support, and regarding; 
their subjects and armies, as the fathers of their families, 
they will govern them wiih the spirit of fraternity, with 
which they are animated, for the protection of religion, 
peace, and justice. 

*' 2(1. The only governing principle between them and 
their subjects, shall be that of rendering reciprocal services ; 
of testifying by an unalterable beneficence, the mutual affec- 
tion with which they ought to be animated, of considering 
all as only the members of one Christian nation, the three 
allied princes looking upon themselves as delegated by pro- 
vidence to govern three branches of the sam;^ family, to 
wit, Austria, Russia, and Prussia, confessing likewise, that 
the Christian nations, of which they and their people form a 
part, have really no other sovereign than him to whom alone 
power belongs of right, because in him alone are found all 
the treasures of love, of science, and of wisdom ; that is to 
say, God, our divine Savior Jesus Christ, the Word of the 
Most High, the Word of life. Their majesties therefore re- 
commend with the most tender solicitude to their people, 
as the only means of enjoying that peace which springs 
from a good conscience, and which alone is durable ; to for- 
tify themselves every day more and more, in the principles 
and exercise of the duties which the divine Savior has 
pointed out. 

"3d, All powers which wish solemnly to profess the sa- 
cred principles which have dictated this act, and who shall 
acknowledge how important it is to the happiness of nationSj 
too long disturbed, that these truths should henceforth exer- 
cise upon human destinies all the influence which belong to 
them, shall be received with as much readiness as affection 
in this holy alliance." 

The king of France soon became a party to this strange 
combination. The British ministry, jealous of the increas- 
ing power of Russia, and not fully understanding the precise 
import of a treaty containing only general expressions of 
^ood will to the human family, declined becoming a party 



I2f4 



HISTORICAL SKETCHES Oil. VI. 



to it. Philanthropists, in Europe and America, hailed it as> 
a new era in which the sovereigns of three great enipires,. 
controlling the destinies of the eastern continent, had asso- 
ciated together, under a solemn covenant, to make the hap- 
piness of their subjects., and the peace of Europe, their ulti- 
mate object, and the gospel the rule of their conduct. The 
more cautious politician considered, that the views of these 
monarchs, in making this ostentatious declaration of their 
philanthropy, could only be learned by its future results, 
Francis, Frederick William, and Alexander, were doubt- 
less inferior, in point of talents, to hundreds of their subjects ; 
but by virtue of principles, growing up in ages of ignorance 
and barbarity, having for their foundation the hereditary and 
divine right of kings^ possessed each a personal income for 
his own private emolument, of greater amount than the 
whole civil list expenditure of the United States. They en- 
joyed a complete exemption from all accountability to^ 
human tribunals. They possessed the power of making war 
and peace at their pleasure, and of commanding the re- 
sources, and population of their respective nations for the 
purposes of their own aggrandizement. The principles of 
civil liberty vt^hich must eventually destroy this baseless fab- 
ric, had been implanted in the United States, and flourished 
for nearly half a century. Every year increased their ex- 
tent, and permanency. They had sprung up in South Ame- 
rica, were beginning to appear in Greece, and though the 
arms of the allied powers had crushed them for a season, in 
France, they still existed in the hearts of Frenchmen. Men 
of intelligence and reflection, in every part of Europe, felt 
their force, and the sentiment was becoming generally pre- 
valent, that though it might not be prudent or proper to 
throw off" at once the shackles of the' monarchal system^ 
yet its operations ought to be restricted by legislative as- 
semblies, elected by the people. A fortuitous concurrence 
of circumstances had brought together, at Paris, the three 
principal despots of Europe, who held its destinies in their 
hands ; and they were not disposed to separate without tak- 
ing some measures to perpetuate their power, and arrest the 
progress of public opinion. Under the specious pretext of 
a holy alliance, formed for the repose and happiness of 
Europe, their union was in truth a conspiracy against its li- 
berties. South America has been threatened, and several 
of the minor European powers have experienced the direful 
effects of this misnamed holy alliance. 
The guardian genius of the United States induced a deck 



1817. OP THE UNITED STATES. 125 

ration on their part that this conspiracy of kings must in no 
wise interfere with the estabhshraent of the sacred principles 
of American liberty, in the western continent. A connected 
view of the proceedings of the holy alliance, so far as they 
were directed to the extirpation of American principles of 
free government, down to the year 1822, is thought prefera- 
ble to an interrupted narration.. 

Meeting at Troppau. After the separation of the parties 
to the holy alliance, in 1815, no forma] meeting of the body 
was held until 1820. Each monarch contented himself 
with individual exertions within the sphere of his influence 
to promote the main object. On occasion of the formation 
ot a constitution in France, similar in its principles to the 
English system, the king, under the direction of his asso- 
ciates m this alliance, rejected it, discarding altogether the 
Idea ot the people's forming a constitution for themselves 
Ihe state of the national feeling, however, compelled him' 
to grant his subjects, as a mere gratuitous act, the form of a 
ftonstitut on, containingfewof the principles of civil liberty 

On the breaking out of the revolutionary spirit in the 
south of Europe, in 1820, the emperor of Russia called a 
meelmg of the holy alliance at Troppau, a city of Austrian 
Silesia, on the 26th of October, 1820. The European 
powers who had not, in form, joined this league of sove- 
reigns, were mvited to attend. After a conference of a 
ew weeks, they published a manifesto, in which they state, 

hn!; "r H ^P^'' ^'^^ "^cf «,ar^ly increased the cares and la- 
bors of the powers who had combated the revolution and 
convinced them of the necessity of putting a check ^i ?he 
new calamities with which Europe was threatened With! 
out doubt," they say '' the powers have a right to take n 
common, general measures of protection ag-ainst those states 
whose reforms, engendered by rebellion, are opposed to e 
gitimate government." They profess to desire onlv to 
l7lZlZT.'''''''%^ '^ ''''r Europe from the scourgUf 
"ronn^Th 'if "? P'^^'^."^ ^^^^^ ^' ^^^ ^« Possible. They 

ground their right of interference in the affairs of other n? 
nons, upon treaties between themselves, to which these na' 
SaLTon'the^r"^ : a proposition ^hich befrs t o^w" 
to T Tvi^Ph * f ^'^. ^^'^.- ^^'^ ^^"^^««s then adjourned 
'ly o^f vLn^ niyria forty miles northwest 

presentation .'nft^ ^"'P^'^ of obtaming a more full re- 
presentation, and taking more effectual measures to check 
the rising spirit of liberty in the south of Europe 
11* 



126 HISTORICAL SKKTCHES ClI. VJ, 

Meeting at Layhach. This meeting assembled in January, 
1821, and composed one of the most august assemblies ever 
convened in Europe. The emperors of Russia, and Ger- 
many attended in person, the former assisted by eleven- 
and the latter by six of his ablest counsellors. England, 
France, and the two Sicilies sent three ministers each : 
Prussia and Sardinia two ,' and Tuscany, Modena, and the 
states of the church one each. The business of this con- 
gress, as it respected the rights of legitimacy, was of mighty 
import. In the year which had just closed, the contest be- 
tween the right of self-government in the people on the one 
hand, and the monarchal claim of an hereditary right to 
govern on the other, had assumed an interesting character, 
and appeared to be commg to a crisis. Spain, Portugal, 
and the whole of Italy, except the states of the church, ancc 
the Austrian dominions, were in a progress of revolution, 
and with less internal commotion than usually attends such 
'events, were rapidly advancing to a condition in which the 
people would enjoy a portion of civil liberty. It was obvious- 
that this system, unchecked, would soon diffuse itself into 
other nations, and eventually put down the hereditary raonar- 
chal system. It was the business of the congress ol 
Laybach to arrest the progress of this spirit. To aid theni 
in this work, they had in the 

1st place, a numerous and powerful hereditary nobility, 
whose title to honor and distinction rested on the same basis 
with their sovereign. . . *t, 

2d. A numerous host of office holders, dependent on the 
crown for employment and bread. i r j u +v, 

3d. Large standing armies, officered, paid, and ted by tnc 
prince, and ever obedient to his will. . 

4th Extensive religious establishments, deriving theii^ 
authority and support from the crown, employed to keep the 
people in ignorance of their rights, and to inculcate the doc- 
trines of passive obedience to the will of the sovereign, and 
implicit faith in the dogmas of the church. 

5th A numerous class of public creditors, whose property 
in the funds depended upon the existence of the govern- 
ment, in its present form. 

Opposition to revolutionary principles, ihe progrcb. 
of political reformation had also to contend with the appre- 
hensions of men of property, that a revolution would render 
their possessions insecure ; and with the fears ot all, tnai 
anarchy, misrule, or a more confirmed despotism, might be 
<he ultimate result. Operated upon by these tears, alarg. 



3817. OF THE UNITED STATES. 127 

portion of the community were induced to prefer the depri- 
vation of their liberties, to the hazards of a revolution. In- 
deed, were it not for these apprehensions, the present mo- 
iiarchs of Europe would probably be the last of their race. 
To contend with this host of enemies, the American theory 
of civil government, in its progress among other nations, 
had no aid, but what was derived from the force of truth 
and right reason, presented to the understandings of the 
people of Europe. There were also some radical defects 
in the forms of government which the revolutionary states 
were about to adopt, which must be amended, or their dura- 
tion would be short. Their legislatures, under the deno- 
mination of juntas, cortes, and parliaments, were to con- 
sist of but one house, and that a numerous one. Such a 
body, passing laws by acclamation, as they generally di^, 
on the suggestion of some leading, and often intriguing 
member, was very unfit to govern a nation, and would -soon 
become an instrument in the hands of wicked men, of ty- 
ranny, in its worst forms. The example of the French 
nation, in the early periods of its revolution, evinced the 
utter incompetency of such bodies, to the purposes of cor- 
rect legislation. Forty years"* experience in the American 
republics, had proved that a legislature consisting of two- 
branches, sitting in separate chambers, each having a check 
on the other, united in itself all the valuable properties of 
government. . 

Notwithstanding these examples, the inhabitants of the 
south of Europe were disposed to make the experiment of 
a legislature, consisting of the representatives of the peo- 
ple, convened in one chamber. The revolutionists in Na- 
ples had taken measures calculated to provide a remedy 
for this defect. In the early stages of their progress, they 
dispatched an intelligent man to the United States, to ob- 
tain information in relation to their political institutions, 
the structure of their government, the principles upon which 
it was administered, and its practical effects. This gentle- 
man, in the capacity of a private traveller, and mostly as a 
pedestrian, visited many of the principal towns, and most of 
the seats of legislation, in the United States, noting, with 
great attention, their political institutions. The informa- 
tion thus obtained, must have led to a new modeling their 
system ; but before his return, the Austrian bayonets, under 
; he direction of the holy alliance, had put an end to the re ■ 
ojution in Italy. 



i'^y HISTORICAL SKETCHES CH. VI. 

Resolutions of the congress at Lay bach. At the con- 
gress of Laybach, the three monarchs, of Russia, Austria, 
and Prussia, published an expose of their views in relation 
to the state of Europe. The principles advanced in this 
extraordinary paper, are calculated to excite the astonish- 
ment and alarm of the friends of liberty, and the rights of 
man, throughout the world. They say, 

1st. That an hereditary monarchy is the only legitimate 
government. 

2d. All reform, or melioration of the condition of the 
subject, must proceed from the free grace of the sovereign. 

3d. Any attempts at reform, not proceeding from this 
source, are to be considered as treason and rebellion, and 
to be put down by the sword. 

4th. It is the right and duty of the legitimate monarchs 
of Europe, to unite in support of each other, and in putting 
down the revolutionary spirit, in every nation. 

These doctrines, boldly advanced under the signatures of 
the original parties to the holy alliance, develop the hidden 
meaning of that instrument, the views of its framers, and the 
manner in which they were to preserve the peace of Eu- 
rope. The citizens of the United States were not without 
apprehensions, that this combination against the liberties of 
mankind, might extend its influence and exertions to Ame- 
rica. So long as its operations were confined to the east- 
ern continent, Americans had nothing to do, but to sympa- 
thize with its suffering inhabitants. Great Britain, though 
often solicited, stood aloof from this conspiracy; her minis- 
ters attended the congresses at Troppau and Laybach, not 
for the purpose of uniting with them, but of remonstrating 
against their proceedings. They declared a strict neutra- 
lity, in relation to the commotions in the south of Europe, 
and denied the right of any power to interfere in the inter- 
nal affairs of other nations. 

Naples. The attention of the congress at Laybach was 
particularly directed to the suppression of the revolutionary 
spirit in Naples. That kingdom, embracing all Italy, south 
of the Papal territory, and the island of Sicily, and con- 
taining a population of six millions, had adopted as their 
system of government, a limited monarchy, and a parlia- 
ment, containing a representation of the people, after the 
model of the Spanish constitution, of 1812. King Charles, an 
infirm and feeble minded old man, of upwards of seventy, had 
sworn to support this constitution, and given up the active 
<!oncerns of government to his son, the Duke of Calabria, 



1817. OF THE UNITED STATES. 129 

who had also added the sanction of his oath to the constitu- 
tion. The affairs of this kingdom seemed to be settling 
down into a happy state of quietude, under the form of a 
limited monarchy, satisfactory both to the prince and peo- 
ple, when the holy alliance took them into their keep- 
ing. The king was pressingly invited to attend the con- 
gress at Laybach, seconded by private letters from his son- 
in-law, the emperor of Germany, and from the king of 
France. Prevailed upon by these intreaties, and in the 
hope of preserving the peace of his kingdom, he consented. 
Before he left Naples, he assured the parliament that no- 
thing should be agreed to on hiS part, to the detriment of 
the nation ; nothing which sliould impair the fundamental 
principles of the constitution, which he had sworn to sup- 
port. At his request, four commissioners were appointed 
by the parliament, to attend him as counsellors, and see 
that nothing was done to jeopardize their rights. On his 
arrival at Laybach, his counsellors were dismissed, and he 
compelled to disavow all the proceedings of the revolution- 
ists. In the mean time, an Austrian army of sixty thou- 
sand men, supported by a Russian reserve of a hundred 
thousand, crossed the Po, on their advance upon Naples, 
The king was compelled to write to the Duke of Calabria, 
and the parliament, directing them to accede to the views 
of the allied monarchs, and receive the Austrian troops as 
friends. 

These propositions were indignantly rejected by the par- 
liament ; the king declared to be in a state of captivity, and 
measures taken for a vigorous defense. A large Neapolitan 
army was raised, and placed under the command of General 
Pepe ; but this force, without discipline or courage, and des- 
titute of efficient offxers, disbanded at the approach of the 
Austrians, who took possession of the capital with little re- 
sistance, and put an end to the revolution. Opposition to 
the claims of despotism in the dominions of the king of 
Sardinia, and in other parts of Italy, yielded to the same 
impulse. The Italians, long oppressed by despotic rulers, 
kept in ignorance by a bigoted clergy, and enervated by a 
warm climate, were ill prepared to encounter the storms. of 
revolution, or meet in the field the veteran troops of the 
north. The authors of the revolution in the Italian states 
sought personal safety by flight or submission, and the an- 
cient despotism was restored in all its rigor. Alexander in 
the north, in the vigor of life, the only monarch in Europe 
df any distinguished talents, the complete despot cf fifty 



130 HISTORICAL SKETCHES CH. VI. 

millions of warlike subjects, and nt the head of this holy 
alliance, became as formidable to the liberties of mankind, 
as ever his great competitor Bonaparte had been in the 
south ; and it had become evident, that Europe gained 
nothing by the victory of Waterloo, but a change of mas- 
ters. 

The congress at Laybach contented themselves with de- 
nouncing the revolution in Spain and Portugal, without 
taking any decisive measures for its suppression, but gave 
notice of a meeting the next year, when the affairs of the 
peninsula would be the subject of their particular considera- 
tion. It seemed to be the:r policy to attack the revolution- 
ary spirit in its weakest points, expecting that when Spain 
saw its extinction in Italy, she would yield to the impulse, 
and not contend with the arms of the holy alliance when 
directed solely against her. 

Revolution in Spain. The next meeting of the European 
powers constituting the holy alliance, agreeable to an inti- 
mation given at Laybach, commenced in September, 1822. 
at Verona, a city in the dominions of the emperor of Aus- 
tria, in the north of Italy, sixty miles west of Venice. The 
monarchs assembled, either in person, or by their ministers, 
were the emperors of Russia and Austria, and the kings oi 
France, England, and Prussia. The political state of Spain 
was the principal subject of consideration at this congress. 
For the last thirty years this nation had borne her full share 
of suffering. Her calamities had been increased by the 
weakness of her king. Charles IV., indolent, without ta- 
lent, and devoted to pleasure, had abandoned the govern- 
ment to his son Ferdinand VII., a bigoted despot, subject to 
the control of a fanatic and wicked priesthood. Before 
his character had fully developed itself, Bonaparte decoyed 
both the father and son into France, under pretence of a 
friendly interview ; made them prisoners, and placed Joseph 
on the throne. In the mean time, the spirit of liberty had 
taken deep root: the cortes, an assembly of the representa- 
tives of the people, collected, and with the aid of Eng- 
land, resisted the usurpation of the Bonapartes. A long 
and desolating war between Joseph and his adherents, as- 
sisted by Napoleon ; and the cortes, aided by England, en- 
sued, which terminated in the expulsion of the French 
usurper, and the restoration of Ferdinand, under an assurance 
that he would govern the kingdom on the principles of a 
free constitution, formed by the representatives of the peo- 
pie. But no sooner had he got possession of the throne. 



1S17. OF THE UNITED STATES. 131 

than he gave himself up to the direction of monks, re-estab- 
lished the inquisition, refused his assent to the constitution 
of the cortes, and governed the people who had sacrificed 
every thing for his restoration, with the despotism of a 
bigoted tyrant. This course involved the nation in a ruin- 
ous civil war, which continued with various success, and 
with some intervals, until March, 1820, when it ended in 
the complete success of the cortes. A constitution of civil 
government which had been formed in 1812, by the provi- 
sions of which the representatives of the people enjoyed a 
share in the government, was reluctantly assented to by 
Ferdinand, and by his proclamation of March, 1820, de- 
clared to be the basis of civil government in his kingdom. 
Peace was now restored, and Spain, under a limited mo- 
narchy, might have enjoyed a degree of liberty, and reco- 
vered her strength, but for the interposition of the holy alli- 
ance. No sooner had the news of the events of the fifth of 
March, 1820, reached Petersburgh, than the emperor Alex- 
ander, in a communication to the Spanish minister at his 
court, denounced it as a wicked conspiracy of the people 
against their lawful sovereign, and in a circular to the other 
courts in Europe, called upon his associates to unite in its 
suppression. 

The result of the deliberations at Verona on the subject 
of Spain was, that the revolutionary spirit must be put. 
down ; that the king must be restored to his absolute au- 
thority; that the cortes must be abolished, or rendered 
harmless by the annihilation of its powers; and that the 
Spanish hierarchy must be re-established. To these de- 
mands of the allied monarchs, the existing authorities in 
Spain interposed their indisputable right of establishing 
whatever forms of government they chose, subject to no 
interference of foreign powers. The cortes declared that 
they had never made any attempts to enforce their political 
system upon other nations, had made use of no fraud or 
force to seduce or intimidate the subjects of other powers, 
and would suffer no nation to impose a form of government 
upon them. 

The manifestoes of the allied sovereigns all spoke one 
sentiment, the dictate of the Russian autocrat. They af- 
fected to consider the revolution in Spain, which limited 
the powers of the king, and established a national legisla- 
ture, under the denomination of a cortes, as a wicked con- 
spiracy against their legitimate sovereign. They claimed 
that the general tranquillity of Europe, as well as the pre- 



132 HISTORICAL SKETCHES (.11. VU 

servation of peace in their own dominions, required them 
to arrest the further progress of anti-monarchal princi- 
ples ; and in the end, required of the cortes to restore the 
king to his former authority, and to give up their usurped 
powers, as the condition upon which they would continue 
their friendly relations with Spain, When this was done, 
they intimated that the king might grant his subjects some 
privileges and immunities from his royal bounty. These 
propositions were indig-nantly rejected; the ministers of the 
allied powers withdrew from Spain, and the task of sub- 
jugating the nation was assigned to France, to be assisted, if 
occasion should require, by the other powers. This mea- 
sure, the Russian cabinet afterwards exultingly claimed, 
was all their own ; and was a master stroke of policy, as it 
answered the double purpose of subduing the revolutionary 
spirit in Spain, and preventing its progress in France. 

Proceedings of Great Britain. The British ministry 
took a different course ; they had never became parties to 
the holy alliance, they had attended its meetings, rather as 
a corps of observation, than a component part of the body ; 
they had opposed most of its prominent measures. They 
denied the right of the allied powers to mterfere in the in- 
ternal affairs of Spain, and determined to maintain a strict 
neutrality in the expected war. 

Invasion of Spain by a French army. To be in readi- 
ness to execute the decrees of the congress of Verona, the 
king of France collected a large force on the frontier of the 
Pyrenees, denominated a cordon sanatarie, under pre- 
tense of preventingthe introduction of a contagious disease, 
which prevailed in some towns on the Spanish frontier. At 
the solicitation of the cortes, England attempted a media- 
tion between them and France. The basis of her proposi- 
lions were, that Spain should new model her constitution, 
by establishing two chambers in her legislature, and invest- 
ing the king with greater prerogatives than were contained 
in the constitution of 1812 ; and that on these conditions, 
there should be no hostile interference on the part of France. 
The mediation proved ineffectual, the French government, 
requiring as a preliminary, that the king should be re- 
stored to his ancient authority, conceding that he might then 
grant to his subjects suqrli privileges as he should think pro- 
per. Negotiation being ended, the cordon sanatarie was 
suddenly transformed into an army of invasion, augmented 
to the number of 100,000, and the Due d'Angouleme appoint- 
ed to its chief command. Previous to entering the Spanish 



1817. OF THE UNITED STATES. 133 

territory, he established his head quarters at Bayonne, the 
nearest town of any note to the Spanish lines, where he 
assembled a number of royalist Spaniards, and appointed 
them to the regency of Spain, during what he had termed, 
the captivity of the king. He entered Spain in the month 
of April by their invitation, and invested the fortresses of 
St. Sebastian, Pampeluna, and Figureos, but without stop- 
ping to reduce them, he hastened with the main body, to 
Madrid. General Asbidal, to whom the defence of that 
city was intrusted, gave it up without an effort, and joined 
the royalists. The cortes retired to Seville, and from thence 
to Cadiz : on the king's refusing voluntarily to accompany 
them> they suspended his authority, appointed a regency, 
and took him with them by force. At Cadiz, they restored 
him to his constitutional authority, and prepared for the de- 
fense of the city. The Due d'Angouleme proceeded with his 
main army from Madrid to Cadiz, entered it on the 29th of 
September, and reduced the constitutionalists to uncondi- 
tional submission. The cortes were dispersed, Ferdinand 
reinvested with his absolute power, and the former regime 
restored with increased severity. An unrelenting proscrip- 
tion of the civil and military authorities under the consti- 
tution followed. 

Conduct of Ferdinand. While Ferdinand was with the 
cortes, his addresses declared in the most unequivocal terms, 
liis determination to support the constitution of 1812, to re-' 
sist the invasion to the utmost, and never to submit to the 
dictation of foreign powers ; he had at the same time, se- 
cretly encouraged the French, and when reinstated by them, 
he eagerly seized the reins of absolute government, and 
declared all his acts since the 9th of March, 1820, void. In 
attempting to maintain the liberties of Spain, the cortes had 
to encounter insurmountable obstacles ; a treacherous king 
an unfaithful general, a divided people, and an invading 
army of an hundred thousand men, supported by all the 
weight of the holy alliance. Their feeble and unsuccessful 
efforts served only to strengthen the chains of despotism. 
Principles relating to privateering. At the commence- 
ment of this contest, the French government adopted a new 
principle favorable to commerce, and tending to mitigate, in 
some measure, the calamities of war. They declared that 
they would grant no commissions to privateers, and that 
"u^ i^v^® commerce of Spain itself, nor of neutral nations 
should be molested by the naval force of France, except in 
the breach of a lawful blockade. This principle, so con- 



134 HISTORICAL SKETCHES CH. VI.. 

genial with the views of the American government, the 
president attempted to establish by treaty with the European 
powers as a permanent rule in all future maritime wars, and 
gave instructions to this effect to the ministers of the United 
States, in France, Great Britain, and Russia ; but the at- 
tempt proved unsuccessful. 

During the session of the congress at Verona, representa- 
tives from Greece appeared before them soliciting their 
friendly interference in the contest with the Turks ; but 
the views of that people, so ill-accorded with the principles 
of the holy alliance, that they were not even allowed to pre- 
sent their case before that body. To the application of 
Spain for their influence and assistance in regaining posses- 
sion of her colonies in South America, the allied sove- 
reigns gave a ready attention. The emperor of Russia of- 
fered his mediation, proposing that the authority of Spain 
should be re-established, and the colonies compensated by a 
grant of some commercial privileges. But these republics, 
assured of the friendship of Great Britain and the United 
States, rejected these propositions with disdain ; and de- 
clared that any terms which did not contain an acknow- 
ledgment of their independence were inadmissable. The 
complete success of the holy alliance, in subduing the revo- 
lutionary spirit in the south of Europe, seems to have riveted 
the chains of despotism in that hemisphere, in a man- 
ner not soon to be broken. The recent death of the empe- 
ror Alexander, the head of this combination, will probably 
operate as a check upon their exertions; and may dis- 
solve the confederacy. The views of his successor on this 
subject, have not yet been developed. The American 
policy, adopted by Washington, recommended by him to his 
successors, and followed by every administration since, for- 
bids their interfering in the political systems of oth^r 
nations. 



?818. OF THE UNITED STATES^ 135 



CHAPTER VIL 

mist meeting of the 15th congress— Message— Revolutionary pension la'Pv 
passed— An attempt to bribe the committee of claims— Proceedings againsr 
Colonel Anderson for contempt— Beaumarchais claim— Bank of the United 
States mismanaged— Speculations in its stock— Its embarrassments— A 
change of directors— Langd>,n Cheves president— Its credit restored— Judi 
cial decisions on constitutional questions— Hunter's case— Question on tht 
immunities of consuls — On the enlistment of minors without the consent 
of their parents— On the liability of the United States bank to be taxed by 
state authorities— On the constitutionality of state insolvent laws— Orga 
nization of the district of Jolumbia— Cohens against the state of Virginia 
on the sale of lottery tickets— Steamboat case decided. 

Congress. The 15th congress convened on the 1st of 
December, 1817. The house of representatives organized 
itself by the re-election of Mr. Clay to the chair, by one 
hundred and forty- four votes, out of one hundred and fifty. 
The message, delivered on the 2d, contained a representation 
of the state of the nation, both in relation to its foreign and 
domestic concerns, highly gratifying to its citizens. The 
receipts at the treasury, owing to the extrordinary importa- 
tions immediately succeeding the war, much exceeded the es- 
timates, and enabled the president to recommend the repeal of 
all the internal duties, and taxes, without any hazard to the pub- 
lic credit. The president,in his late northern andwestern tour, 
had fallen in with many of the officers and soldiers of the 
revolution, his companions in arms, verging towards the 
close of life in poverty and distress. Such a scene, in the 
midst of a country enjoying wealth and independence, at- 
tained by their exertions, was calculated to excite the ten- 
derest emotions. Under the influence of these feelings, in 
his first address to the representatives of the nation, he re- 
commended the case of this portion of the American fa- 
mily to the liberality of their governments Towards the 
close of his message, he remarks, that, *'in contemplating 
the happy situation of the United States, our attention is 
drawn, with peculiar interest, to the surviving officers and 
soldiers of our revolutionary army, who so eminently con- 
tributed, by their services, to lay its foundation. Most of 
these meritorious citizens have paid the debt of nature, and 



136 HISTOBICAL SKETCHES CH. VII. 

gone to repose. It is believed that among the survivors, 
there are some not provided for by existing laws, who are 
reduced to indigence, and even to real distress. These 
men have a claim on the gratitude of their country, and it 
will do itself honor to provide for them. The lapse of a 
few years more, and the opportunity will be lost for ever." 
In the prosperous state of the country, and with an over- 
flowing treasury, congress readily seconded the views of the 
president on this subject, and passed a law allowing a pen- 
sion to every officer and soldier who served on the continen- 
tal establishment, in the army or navy, in the war of the re- 
volution, for the term of nine months, or upwards, and who 
was then a citizen of the United States, and stood in need of 
the assistance of his country for support, if an officer, of 
twenty dollars, and if a private, of eight dollars per month, 
during life. A liberal construction, put by the secretary at 
war upon the indefinite expression in the act, describing the 
objects of its bounty to be such as " stood in need of the as- 
sistance of their country for support," embraced within its 
purview nearly all the surviving officers and soldiers of the 
revolution. A very great proportion of them were in a state 
of real poverty, and there were but few, who did not, in their 
own opinion, stand in need of the assistance of their coun- 
try for support ; the applicants, consequently, embraced 
nearly the whole of the survivors, and amounted to about 
thirty thousand. It was impossible for the secretary to be 
acquainted with the circumstances of each case, so as cor- 
rectly to decide on its merits. A much greater number 
having been admitted to the benefits of the law than were 
expected, and many who, in the opinion of congress, were 
never intended to be embraced within its provisions, an ex- 
planatory act was passed the succeeding session, more 
definitely describing the circumstances of the persons to be 
admitted, and limiting the pension to those only who were 
destitute of the means of support, and in a state of absolute 
poverty. Considerable numbers were consequently stricken 
off the list. 

Colonel Anderson's case. In the course of the session, 
an important constitutional question arose in relation to the 
privileges of the house of representatives, and its power of 
punishing for contempts. Colonel John Anderson, a native 
of Scotland, and an inhabitant of Frenchtown, on the river 
Raisin, whose house had been burned, and property de- 
stroyed by the British and Indians, under Proctor, in the 
late war, while attending on congress, seeking compensa- 



1818. OF THE UNITED STATES. 13T 

tion in behalf of himself, and other sufferers from the same 
source, addressed a letter to the chairman of the committee 
of claims, while his were pending before that body, propos- 
ing* to give him five hundred dollars, in the event of a speedy 
and successful determination on them. The chairman im- 
mediately communicated this letter to the house, and an in- 
teresting- debate took place on the subject of their constitu- 
tional powers. On the one hand, this attempt at bribery 
was claimed to be a contempt of the house, and a high^ 
handed breach of privilege, for which the aggressor was lia- 
ble to imprisonment during their pleasure. On the other. 
it was contended, that the power of punishing for contempt 
extended only to members of the house, and to offenses 
committed by others within its walls. On the question, 
whether Colonel Anderson's case was an offense punishable 
by the house, the yeas were one hundred and nineteen, nays 
forty-seven. He was then taken into custody by the ser- 
geant at arms, by virtue of a warrant from the speaker, by 
order of the house ; brought to the bar, reprimanded, and 
discharged. He afterwards brought an action of false im- 
prisonment, against the sergeant at arms, for executing the 
speaker's warrant, which came to final trial before the su- 
preme court, at the February term, 1821, in which the con- 
stitutional powers of the house in relation to punishing for 
contempts, underwent a thorough judicial investigation. 

On the part of Colonel Anderson, it was contended, that 
the house of representatives had no power to order the war- 
rant in question ; that the same was void on the face of it. 
Hot appearing to be supported by oath or affirmation, as re- 
quired by the fourth article in the amendments to the consti- 
tution ; that the power of punishing for contempts was ex- 
pressly given by the constitution to the house only in rela- 
tion to its members, and extended only to expulsion ; that 
by the second section of the third article it is provided that 
the trial of all crimes, except in cases of impeachment, 
should be by jury, which it was conceded the house had no 
power to order ; that it was not necessarily incident to the ex- 
istence of one branch of the legislature, and the grant of the 
power, as it respected members of the house, was an im- 
plied negation of it in all other cases. 

Opinion of the court in Anderson' s case. Judge John- 
son delivered the opinion of the court in favor of the de- 
fendant, stating that the power of punishing for contempt 
was necessary to the due exercise of the functions of the 
house of representatives ; that it extended to all persons and 
12* 



138 HISTORICAL SKETCHES CH. VIJ- 

places within the United States, and was incident to each 
branch of the legislative body ; that the power was not de- 
pendent upon any specific provisions of constitutional, sta- 
tute, or common law, but was bottomed upon the great 
principles of self-preservation, the first duty of corporations, 
legislative bodies, and courts, as well as of natural persons. 
The warrant, the judge observed, appeared to be regularly 
issued by authority of the house, and it was not necessary 
that the evidence on which the house acted should appear 
on the face of the warrant.* This was analogous to, and 
in the opinion of the judge fully supported by, a decision 
of the British house of lords, in a case between Sir Francis 
Burdett and the speaker of the house of commons. 

Beaumarchais claim. The Beaumarchais demand, as 
well from its nature as its magnitude, occupied much of the 
attention of the committee of claims. It had been repeat- 
edly pressed upon the government, both during the life-time 
of the original claimant, and by his heirs since his decease 
Scarcely any suitor before congress ever exceeded, in cun- 
ning and perseverance, this Frenchman, in prosecuting u 
claim, which, upon every investigation, proved to be wholly 
unfounded. 

At the commencement of the American revolution, the 
French government ardently wished to weaken the power 
of her ancient rival, by a separation of the colonies from the 
parent state ; but not at that time prepared for an open rup- 
ture, determined to afford the Americans all the aid in their 
power, in a secret and disguised form. The principal diffi- 
culty was to do it in such a covert manner as to elude the 
vigilance of Lord Stormont, the British minister at the 
French court. At length this expedient was hit upon. 
Beaumarchais, a merchant of some note, was selected as a 
confidential agent of the French ministry, through whom 
the supplies were to be furnished, apparently in the ordi- 
nary course of mercantile business. The gratuity agreed 
upon between Count Vergennes and the American agents, 
was a million of livres tournois, equal to 185,000 dollars. 
This present was to be accompanied with facilities in pur- 
chasing munitions of war to any extent the Americans 
wished, and to be paid for in their productions. The mil- 
lion of livres was furnished Beaumarchais from the king's 
treasury, and by him laid out in the purchase of munitions 



6tJi of Wheaton's Reports, p. 204. 



1818. OF THE UNITED STATES. 139 

of war, and shipped to America by the way of St. Domingo. 
For this purpose he established a mercantile house, under 
the fictitious name of Rodrigue Hortales & Co. The course 
of their business was to purchase warlike stores, ship 
them to the West Indies, where one of the firm resided, 
who saw them shipped to the United States, and received in 
return partial payments in tobacco and other American pro- 
ductions. The munitions ofwar were principally furnished 
from the king's arsenal. Lord Stormont, having discovered 
the object and ultimate destination of one of these shipments, 
demanded of the French government that it should be stopped . 
and the American agent, Silas Dean, arrested, and deli- 
vered to the British as a rebel. The French government 
affected to comply, but not in a manner to defeat the voy- 
age. The business was carried to a great extent, and much 
to the aid of America. The French enjoined the most in- 
violable secresy on the American agents. None, either in 
France or America, knew the real nature of the transaction, 
but those immediately concerned. Beaumarchais and Dean, 
apprehending that neither government would be willing to 
disclose the secret history of the business, determined to 
avail themselves of it to put into their own pockets the mil- 
lion of livres ; and the American government were charged 
by Hortales & Co. with the whole amount of supplies fur- 
nished, without being credited this gratuity. The balance 
resulting from the want of this credit constituted the Beau- 
marchais claim. 

Mismanagement of the bank. The bank of the United 
States being founded upon principles favorable to its suc- 
cessful operation, with a specie capital of seven millions, 
and twenty-eight millions of public stock, bearing interest, 
and convertible into specie on any emergency, and being 
the depository of an annual revenue of twenty-five mil- 
lions, its success, under any prudent management, was 
beyond a doubt. But the course taken under its first di- 
rectors, was the reverse of any correct principles upon 
which moneyed institutions of that character ought to be^ 
conducted. The original stockholders consisted of two 
descriptions of character : real capitalists, who wished to 
vest their surplus funds in the bank ; and speculators with- 
out capital, and without the means of paying the requisite 
instalments, calculating to make fortunes by the sale of 
their stock. The latter were the most numerous, and 
gained the direction of its incipient operations. 



140 HISTORICAL SKETCHES CH. Vll. 

To prevent its management from being controlled by a 
few individuals, the charter had provided that no stock- 
holder should have more than tliirty votes, while the pro- 
prietor of a single share was entitled to one. Speculators 
contrived to evade this salutary provision, by subscribmg 
single shares in the name of their friends, and procurmg 
from them powers of attorney to vote at the stockholders* 
meetings. This trade became so common, that the estab- 
lished price for lending a person's name for this purpose, 
was twelve and a half cents. By this artifice, some mdi- 
vidual stockholders gave more than a thousand votes. The 
cities of Philadelphia and Baltimore obtamed a controllmg 
influence; and a majority of the directors first chosen, 
were favorable to the views of the speculators. Some ot 
the government directors were also of the same character. 
This led to a series of measures calculated to give a ficti- 
tious value to the stock, or bank scrip, as it was then terrned, 
favorable to speculation, but detrimental to the real capitalist,^ 
who contemplated a permanent investment in the stock ot 

the bank. ^, , r. 

One of their first measures was to encourage the saie ot 
stock in the European markets, by engaging to pay the di- 
vidends on the stock owned in Europe, in London. 1 ms 
would be attended with the expense of an agency, and the 
loss of from six to fifteen per cent., according to the course 
of exchange between Philadelphia and London. It had, 
however, the designed effect, of raising the stock m that 
market. The next step was, to facilitate the payment ot 
the last two instahnents, so as that purchasers without tunds 
miffht embark in the speculation. For this purpose, it was 
aa-reed to discount the notes of stockholders for the pay- 
m°ent of their instalments upon the pledge of their stock, 
without any other security, first at par, and afterwards tor 
twentv-five per cent, more than the nominal amount ; re- 
quiring, however, an indorser for the excess. These stock 
notes, as they were termed, were renewed indefinitely, at 
the pleasure of the stockholders. A fictitious capita was 
thus created, on which not the least rehance could be placed 
for banking operations. But it brought a host of greed} 
speculators into the market. Stock-jobbing to a great ex- 
tent, was the necessary result. Shares were bought with- 
out the advance of a cent. An adventurer would engage a 
certain number of shares, apply to the directors for a loan 
on the pledge of the stock engaged, and by what was called, 
a simultaneous operation, the gtock was transferred to him, 



^^18' OF THE UNITED STATES. 141 

pledg-ed to tlie bank, and the discount made, with the avails 
of which he paid for his stock : a rise in the market would 
enable him to sell his stock at an advance, pocket the dif 
terence, and commence new operations. The princiDal 
loans were made on this pledged stock to brokers, and bank 
directors, who were constantly on 'change, managinff the 
business on an extensive scale. This course of proceeding 
arrived at its crisis in September, 1817, when an explosion 
took place, and bank stock suddenly fell from 156 to 90 dol- 
lars a share, dissipating at once imaginary fortunes, and 
altering the condition of many persons from bank stock- 
holders to bankrupts. 

.PP^firfr *^^^'^^«^^'«^*- Baltimore was the principal 
iTh fl. f operations; the management of that branch 
hud fallen almost exclusively into the hands of person, 
without capital, and without principle. Two or threp 
houses in which some of the directors had an interest! 
drew from the bank a million and a half; and the defalca 

hZrZ^" ^'^'r.°if ^'""^^^ "^°"^' ^^"""^«d to seventeen 
hundred thousand dollars, a sum about equal to the ao-greffate 

benches ^^ ^^^ ^^'^""^ ^^"^' ^"^ ^^^ ^^^ ^^h^^' 

Means adopted to save the credit of the bank The 
specie payment of the first instalment, amountmg to little 
more than two mil ions, was all the real capital on which 
Its a^LT^^ 'f '^^ '"""^"^^ ^"«^"^«« during the first year 
limitpK'"""'. T^^^'' ^^'^ extended much beyond its 
i^^li ?T'/^ i^^ imminent hazard of its credit Such 
SI n^ to desperate expedients to obtain temporary 
re let. A special agent was dispatched to England, with a 

£:S.:^^^oT:'^l'''''''''-^ dollars, toobtain alpecie' loanof 
seven millions ; the premium and expenses of which amount- 
ed to something more than half a million of dollars The 
principal part was obtained from Baring & Co., brokers in 
London, and reimbursable on the 1st of Jan arv IftiQ 

JnT^ott"^ '' ^"^^^1 «^^^- stock was'senrtHig aid 
and sold for specie. The secretary of the treasury, havrncr 

tt SXt'lnd1h:t'r^ '"^'M ^' PJ---'c!aimef 
amount pt?? }T^ ""^'^ ^'^^^^^ t« purchase an equal 
amount, at a loss of twenty thousand dollars. 

.Jiu P^'"^y«-1 "motive for the establishment of the bank 

ourthe nation ' ThT'^ of a uniform par value, thr;ugh. 
Spates i. P. HmnfoTf ^^^^"^^t^°g "ledium in the United 
.states, IS estimated at seventy millions ; four-fifths of which 



142 HISTORICAL SKETCHES CH. VII. 

at the time the bank went into operation, consisted of the 
bills of the banks established under state authorities, not 
convertible into specie at the pleasure of the holder, depre- 
ciated from five to twenty-five per cent, and of little value 
except in the immediate neighborhood of the institutions 
from which they issued. With the capital which the go- 
vernment bank would have had, if the whole had been paid 
in, agreeable to the charter, with its public and private 
deposits, and with one or more branches in every state in 
the union, it might have entirely superseded this spurious pa- 
per, given its own bills a general circulation, and furnished a 
uniform medium, of par value, throughout the United States. 
This was expected from the institution, both for its own 
benefit, and for the public interest. For this purpose, it 
was requisite that the bills issuing from any particular 
branch, and payable, according to their tenor, at that branch 
only, should be received and paid indiscriminately, at the 
parent bank, and all its branches. This course was adopted 
at the commencement of the institution, and continued 
until July, 1818, when, from the mismanagement of its con- 
cerns, and the great influx of bills from the south and west, 
upon the parent bank and its branches, in the middle and 
northern sections of the sea-board, the Ijank was unable to 
continue the operation, and the bills were afterwards paid 
only at the branches from which they issued.* 

Change of directors. Towards the close of the year 
1818, the affairs of the bank assumed a most unfavorable 
and alarming aspect. The foreign loan was about to fall 
due, and their bills, in great numbers, were returning upon 
them, without adequate means for their redemption. A ra- 
dical change in its administration, and in the course of its 
measures, became necessary, to prevent an immediate bank- 
ruptcy. The president, and several of the directors, re- 
signed, and in January, 1819, a general change in the di- 
rection was effected. Langdon Cheves, of South Carolina, 
was placed at the head of the government list, and appointed 
president. This produced a correspondent change of mea- 
sures. The stock, ceasing to be an object of speculation, 
gradually found its way into the hands of real capitalists, 
and rose to a hundred and twenty dollars. The new di- 
rection, after they became acquainted with the state of the 
affairs of the institution, published a minute expose of its 



* Report of a committee of congress, January 16th, 1819. 



'SI 8. OF THE UNITED STATES. I4{J 

circumstances, assuring the stockholders that the bank was 
solvent, but, from its deranged state, no dividends were to 
be expected, prior to January, 1821. 

fh ^if' ?7fu Y"^^/ ^^ Philadelphia, and took his seat at 
the head of the board, in March, 1819, and from that time, 
Ti ^ ^^f i^»ation, in January, 1823, made the interest of 
tne bank the object of his unwearied attention. On exami- 
nation, he found its condition even worse than had been 
c^ontemplated ; liable to specie demands, to a greater amount 

l«nLi ""^ /•" '^' ?"^^' ' ^ ^^^^ P^^ti^n of its specie 

capital never paid m, and not then collectable ; a loss of more 
than three millions, in bad debts; the parent bank, andTts 
offices on the northern sea-board, drained^ of their finds, by 
drafts from those of the south and west; and the charaiter 
of the institution fast declining. The prominent measure 
adop ed under the direction of Mr. Cheves, and which ulti- 
mately saved the bank, were, 

1st. The immediate borrowing of two millions and an half 
of specie, to meet the specie demands: 

2d. A general and gradual curtailment of discounts • 

«tnl;v. ^r^i''^'' ^"l^^^ "'^^^"^ ^^ t^« «o»th and west, to 
stop their drafts on the parent bank, and its branches at tie 
north ; and to remit, as fast as was in their power, the bt 
iances due from them : And 

4th. A vigorous collection of all its dishonored paper, and 
prosecution of all defaulters. ^^ ' 

A system of measures founded on these princinles savPfl 
the institution from bankruptcy, and placedTon a respect- 
able footmg. Mr. Cheves, at the close of his adminfstra- 
tion, gave a particular detail of the state of the bank at the 
commencement, and during the continuance of hfs' pre^ 
dency, wnich necessarily implicated the former managers 
0? Mr ^hlt ^' m'" M^'l' f preaches. On the resignftlon 
fnJ^l'fS'w'' ^'- ^'^^^}^^ Biddle, of Philadelphia, was 
appointed his successor, who pursued the same general sTs 

cZ f'TT'''' '"''^^""^ '^^ reputation of thf bank and 
conducted its operations in such manner as to answer alUhe 
valuable purposes of its institution. 

f feral judiciary. In no branch of the federal ffovern- 
Snir'^ greater difficulties experienced, than InThe ar 
i angement of its judiciary system Two d stinct indeDend 
ent tnbunals, emanating from different sources, accountable' 

having jurisdictiino^e^rherJSf^^^^^^^^^^ 



\ 



144 mSTOKlCAL SKETCHES CH. TIJ, 

anomaly in government. It was obvious that their decisions 
must many times interfere, and occasion unhappy colli- 
sions. An independent national judiciary was deeined an 
essential part of the federal system. Reliance could not be 
placed on state authorities, to expound the constitution and 
laws of the United States, and give them effect over the 
citizens. A national judiciary was therefore created by the 
constitution, and vested with extensive powers j^^^^^^^^ 
and operation, though foreseen by many of the framers ot 
the constitution, wire not fully understood by the people 
who adopted it. The doctrine of state sovereignty was, at 
that period, a favorite topic ; and it was then little Wre- 
hended, that thefts of the state legislatures, and the dec - 
sions of their highest courts, were to be subject to the unli- 
mited control of a federal judiciary. This power how- 
ever, the supreme court consider themselves as possess- 
ing, and have exercised it with a fearless independence. 
Bv a series of decisions, which have been reluctantly sub- 
mitted to, it has become a settled principle m the American 
system, that the supreme court have power to declare the 
acts of the state legislatures unconstitutional and void ; and 
to review the decisions of the highest state courts when- 
ever the constitution or laws of the United States, or trea- 
ties made under their authority, come m question, and to set 
them aside, whenever, in their opinion, they contravene 

'^^Uability of states. At an early period of the govern- 
ment, in a case between the state of Georgia, and one of its 
StLns, the supreme court decided, that the several states, 
?ntheTr corporate capacities, were liable to be sued before 
IL federal fribunals,Ld answerable m the -me ma^nel^ 
and subject to the same process, as individuals, or prua e 
corporations. This impugned those favorite maxims, the 
Ss of the monarchal system, that the king, or sovereign 
power, could do no wrong, and was not amenable to any 
co^t ; and that the only mode in which a subject was to 
seek redress from his sovereign, was by humble petition. 
The excitement occasioned by this decision goduced - 
amendment of the constitution, excluding the federal judi- 
ckry from taking cognizance of causes of this description 

The correctness of the principle, that the claims which a 
citizen might have upon the justice of his governmen , 
should not be the subject of legal investigation, was, indeed, 
controverted with great force. A judicial tribunal consist- 
^ng of one or a few individuals of eminent talents, accus^ 



5818. OF THE UNITED STATES. 145 

tomedto search out the truth of facts, from conflicting tes- 
timony, and governed by settled rules, framed with great 
care, m the administration of justice, it was contended, 
was much more likely to do right, between a citizen and 
the pubhc, than a popular assembly, subject to the preju- 
dices and partialities which make their way into those 
bodies. The government would have nothing to fear from 
a tribunal of their own creation, and the mode of carrying 
their decisions into effect, when in favor of the claimant, 
might still be left to legislative regulation. But the idea 
that It would be derogatory to the dignity of the state, to 
submit the claims of its citizens to the decision of courts of 
law, had become too firmly fixed, to be given up; and it be- 
came a settled principle in the American, as it ever had 
been m the European system, that their only mode of re- 
dress, must be by petition to the sovereign power. 

Martin vs. lessee of Hunter. In the case of Martin 
heir at law of Fairfax, against the lessee of Hunter, ulti- 
mately decided in the supreme court of the United States, 
at their February term, 1816, an, interesting controversy 
arose, between that court u.-d the supreme court of Virginia, 
regarding their respective powers. The constitution had 
provided, that "the judicial power should extend to all 
cases in law or equity, arising under the constitution and 
i:^^^S^. United States; and that in such cases they 
^hould have appellate jurisdiction, both as to law and fact." 
1 he act of the first congress, organizing the judiciary, pro^^ 
vided for the removal of a case from the highest state courts, 
mto the supreme court of the United States, where the de 
cision of the case depended upon a question arising under 
the constitution or laws of the United States, andthe judg. 
ment of the state court was against their operation. The 
cause in question was removed, under this law, from the 
high court of appeals, in Virginia, into the supreme court of 
the United States, where the judgment of the state court 
was reversed, and the cause remanded, with orders to pro- 
ceed to final judgment, according to the opinion of the su^ 
preme court. On the further hearing of the cause, before 
the state court, they decided that the law of the United 
^tates, conferring on the supreme court appellate iurisdic- 
tion over the high court of appeals in Virginia, was uncon, 
stitutional ; that the proceedings of the supreme court, 
where such appeal was taken, were void; and refused to 
carry their deeision into effect, on the ground that they had 
no jurisdiction over the decisions of the state courts. The 
13 



i46 HISTORICAL SKETCHES CH. Vll. 

case, on this decision, was again brought before the supreme 
court of the United States, where they again decided that 
the law was constitutional, that their appellate jurisdiction 
did extend to the revision of the judgments of the state 
courts, and that the high court of appeals in Virginia had 
no power to declare the laws of the United States, and the 
decisions of the supreme court, void. 

Russian consul's case. In the supreme court of Penn- 
sylvania, Nicholas Kosloff, the Russian consul general, was 
indicted by the grand jury for the county of Philadelphia, 
for a rape. On a motion to dismiss the process, two causes 
were assigned : one, that the privilege of immunity from 
criminal prosecutions, is given to consuls, by the law of 
nations ; the other, that exclusive jurisdiction, in all cases 
affecting consuls, is vested in the national judiciary. The 
law of nations, it was admitted, exempted ambassadors, and 
other public ministers, from all liability to prosecutions, in 
the courts of the nation to which they are sent, on thf^ 
ground that they are the representatives of their sovereign, 
who has never consented that they, should be subject to the 
laws of a foreign state ; that it would prevent the free a.nd 
faithful discharge of the important business with which 
they are intrusted ; that the only remedy for the mal- 
conduct of a foreign minister, is an application to his 
sovereign, for his recall ; but a consul, it was claimed and 
decided by the court, was a mere commercial agent; not 
the representative of his sovereign, nor clothed with the im-^ 
munities of an ambassador. Governments often select 
their consuls from some of their citizens, residing at the 
places where they are to exercise their functions, and some- 
times from other inhabitants of those places. On the other 
question, the court decided, that the constitution vested in 
the national judiciary exclusive jurisdiction, in all cases af- 
fecting consuls, in express terms, and discharged the de- 
fendant. Mr. Dashkoff, the Russian minister, affected to 
consider even the arrest of the consul as a breach of privi- 
lege, and remonstrated against it. The president dis- 
patched Mr. Coles, his private secretary, to Petersburgh, 
with a full explanation of the affair to the emperor ; who 
censured the conduct of his ambassador and consul, and ex- 
pressed himself fully satisfied with the explanation of the 
American government. 

Enlistment of minors. The laws of the United States 
relating to the recruiting service previous to the year 1814, 
prohibited the enlistment of minors, without the consent in 
writing of their parents, guardians, or masters. In the last 



1818. OF THE UNITED STATES, 147 

year of the war, the public exigencies were such, that con- 
gress deemed it necessary to repeal that paragraph of the 
law, and authorize the enlistment of minors, without the 
consent of their parents or guardians. This provision was 
by some of the states, then opposed to the war, and inclined 
to throw obstacles in the way of its prosecution, considered 
as inconsistent with the natural obligations and duties sub- 
sisting between parent and child, and in the case of appren- 
tices as authorizing a violation of the contracts between 
them and their masters ; and was declared to be unconsti- 
tutional and void, and measures taken to resist its execu- 
tion. The laws respecting the naval service authorized the 
employment of boys, and made no provision requiring the 
consent of their parents or masters. In the month of May> 
1815, Robert Treadweli, a minor, enlisted into the naval 
service, without the consent of his father. Having deserted 
soon afterwards, he was apprehended, brought before a 
court martial, and ordered to serve in the navy for two 
years. In June, 1816, he was brought before the circuit 
court for the district of Massachusetts, Judge Story pre* 
siding, by a habeas corpus, at the instance of his father, 
claiming his discharge on the ground of minority. The 
court, in an elaborate and able argument, decided, that the 
common law right of a parent to the services and control 
of his child, was subject to municipal regulation. That the 
supreme power claimed and exercised the right of enrolling 
minors in the militia, and compelling them to serve for such 
period as the public exigencies required, against the consent 
both of the minor and his parent ; this right had never been 
questioned, though it was a much higher and more arbitrary 
exercise of military authority, than the acceptance of the 
voluntary service ^f a minor for a limited period. That 
the laws on the subject of manning the navy, provided for 
the employment of a certain proportion of boys, without re- 
quiring the consent of their parents ; that they usually com- 
posed an important part of the crews of ships, and that 
good seamen could not be obtained without an early and 
long acquaintance with the service. 

Without any express constitutional provision, the judge 
observed, whenever an end was required, it necessarily im- 
plied a grant of the usual and proper means for its attain- 
ment ; and that clause in the constitution which authorized 
congress to provide and maintain a navy, necessarily im- 
plied the power of manning it from any portion of the citi- 
zens, as well minors as adults. In every nation, a portion 
of the male population under the age of twenty- one, con- 



148 HISTORICAL SKETCHES CH. VIII- 

slituted an important part of their military and naval force. 
No adequate reason existed for the exemption claimed. The 
court therefore ordered the prisoner to be remanded to his 
commanding officer. The same principles applied to the 
enlistment of minors into the army as into the navy. The 
opinion of the circuit court was acquiesced in, and the power 
of congress to authorize the enlistment of minors into the 
army and navy has not since been controverted. 

M^Cullock vs. Maryland. Soon after the establishment 
of a branch of the United States bank at Baltimore, the 
state of Maryland passed a law imposing a tax of twelve 
thousand dollars on that office. This measure became the 
subject of a suit between the state and the bank, which 
under the name of M'Cullock against the state of Mary- 
land, came to final trial before the supreme court of the 
United States, at their February term, 1819. The counsel 
on the part of the state made two points : 

1. That the act of congress incorporating the bank, was 
not within their constitutional powers ; 

2. That be that question as it may, the state has the power 
of taxing the institution. 

Few questions had arisen since the commencement of the 
federal government, of more importance and difficulty. A 
direct collision between an act of congress, and that of a 
state legislature, presented itself The chief justice, in de- 
livering the opinion of the court, remarks : " In the case 
now to be determined, the defendant, a sovereign state, de- 
nies the obligation of a law enacted by the legislature of the 
union ; and the plaintiff, the bank, contests the validity of 
an act of the legislature of that state. The constitution of 
the country, in its most essential and vital parts, is to ije 
considered ; the conflicting powers of the government of 
the union and its members, as marked by that constitution, 
are to be discussed ; and an opinion given which may es- 
sentially influence the great operations of the government. 
No tribunal can approach such a question without a deep 
sense of its importance, and of the awful responsibility in- 
volved in its decision. But it must be decided peacefully, 
or remain a ceaseless subject of hostile legislation, perhaps 
of hostility of a still more serious nature. If it is to be 
decided at all, the constitution has devolved this duty on the 
supreme court of the United States." 

On the first question, the arguments which had been ad^ 
duced in the hall of congress on the granting of the firsi 
and second charter, and on various other occasions, were 



1.818. OF THE UNITED STATES. 149 

reiterated with great force. The other question was new. 
It had never been discussed in the United States, and the 
governments of Europe had no features which presented a 
parallel case. The power of levying and collecting taxes 
was an important attribute of sovereignty, and could not be 
controlled without destroying an essential principle of state 
government. The constitution had not interfered with the 
state sovereignties except in the powers delegated to con- 
gress, either expressly or by necessary implication. That 
of taxation for all internal purposes remained with the 
states : on general principles, its objects were all the pro- 
perty within the state : the amount of those taxes, and 
their apportionment, is peculiarly and exclusively within the 
province of state legislation. Four fifths of the capital of 
the bank was the property of individuals. Institutions of 
the same character, derivmg their powers from the state 
legislatures, have ever been considered as legitimate sub« 
jects of taxation. The business of banking, judiciously 
conducted, was safe and lucrative. It enjoyed the protec- 
tion of law, and ought to contribute its due proportion to 
the public expenditure. The circumstance, that the United 
States had associated themselves with this banking com- 
pany, and owned one fifth of the capital, it was contended, 
conferred on them no special privileges or exemptions : nei- 
ther the constitution, nor the charter of the bank, gave them 
any such privilege. Granting them such an exemption, 
would enable them to do business upon more favorable terms 
to bank customers, engross the whole trade, and deprive the 
state of a legitimate and profitable source of revenue. 

After an elaborate argument of several days, the chief 
justice delivered the unanimous opinion of the court, in favor 
of the exemption, claimed by the bank. On the first point, the 
court observed, that the subject having been so often dis- 
cussed, and always decided in favor of the constitutionality 
of the measure, the question must now be considered as at 
rest ; but admitting it to be new, they had no hesitation in 
saying that the power of incorporating a bank was a neces- 
sary incident to the powers expressly delegated to congress, 
and fairly within the provisions of the constitution. 

On the question, whether the state authorities had power 
to levy a tax on such an institution, the court observed, that 
such a power, if it existed, must necessarily be limited only 
by the discretion of the legislature possessing it : that such 
a power might be carried to the extent of a prohibition, and 
destroy the subject on which it was to operate ; that a power 
13* 



150 HISTORICAL SKETCHES CK. VII . 

to create, and a power to destroy the same subject, vested 
in different bodies, were contradictory and inconsistent, and 
could not co-exist ; and that as the constitution of the 
United States, and the acts of congress made in pursuance 
thereof, were the supreme law of the land, the act of the legis- 
lature of Maryland levying the tax, and all proceedings un- 
der it, were unconstitutional and void. In conclusion, the 
court remark, that this opinion does not deprive the state 
of any resources they originally possessed. It does not ex- 
tend to a tax paid on the real property of the bank, in com- 
mon with other property within the state, nor to a tax im- 
posed on the interest which the citizens of Maryland might 
hold in the institution in common, wtih other property of the 
same description throughout the state. But this is a tax on 
the operations of the bank, and consequently on an instru- 
ment employed by the government of the union, to carry its 
powers into execution. Such a tax is unconstitutional. 

The arguments of the judges derived much force, and 
were strikingly illustrated by the proceedings of the legis- 
lature of Ohio on the same subject, while this question was 
pending in the supreme court. The United States bank had 
established two branches in that state, one at Chilicothe, 
and the other at Cincinnati. The legislature, for the 
avowed purpose of destroying these institutions, had levied 
a tax of fifty thousand dollars upon each of them. The 
whole sum was levied by the sheriff, and taken from the 
vaults of the branch, at Chilicothe, and deposited in the 
state treasury. Applications, in chancery, for an injunction 
against these proceedings, and for a restitution of the pro- 
perty, and suits in trespass against the actors, were insti- 
tuted in the circuit court for that district, and prevailed. 

These decisions excited considerable attention and alarm 
m the state governments. Those states, the acts of whose 
legislatures were thus declared void, apprehended that a 
principle was established, destructive of state sovereignty. 
Few acts could be passed, or scarcely any taxes laid but 
what would have more or less bearing upon the concerns ot 
the general government, and for that reason might be de- 
clared unconstitutional. . 

Invalidity of state hankrup laws. Apprehensions ot 
this nature were increased by another decision, at the sarne 
term, vacating the bankrupt laws of the state of New York. 
By an act of the legislature of that state, passed in 1811, a 
debtor, with a certain portion of his creditors, might, by ap- 
plication to the state courts, and assigning his property tor 



1818. OF THE UNITED STATES. 151 

the benefit of his creditors, under the direction of the court, 
according" to the provisions of the act, obtain a discharge 
of his debts. In a suit of Sturges against Crowningshield, 
on a contract made in the state of New York, antecedent 
to the passing of the act, it was decided that a debtor, who 
had conformed to the provisions of this act, was not there- 
by discharged from his debts. Two questions were made in 
the case ; one, that the constitution having- given congress 
the power of establishing uniform laws on the subject of 
bankruptcies, throughout the United States, by implication, 
divested the state governments of the power of legislating 
on the saxme subject. The other, that the law was uncon- 
stitutional, in as much as it impaired the obligation of con- 
tracts. On the first, the court decided, that in as much as 
congress had not exercised that power by any law in force 
at the time of passing the act of 1811, the states were not 
then divested of the power of making laws on the subject of 
bankruptcies. On the second, that the act of 1811 was n 
law, impairing' the obligation of contracts within the prohi- 
bition of the constitution, on the ground that any law, dis- 
charging the debtor from his contract without a performance, 
was impairing its obligations. The chief justice, aware 
that this decision might be construed to impugn the princi- 
ples of the statutes of limitation, observed, that such was 
not the opinion of the court; but that these statutes, being- 
grounded upon the principle that the length of time specified 
in them was presumptive evidence of the fulfilment of the 
contract, were valid. The court also took a distinction be- 
tween this statute and an insolvent act, which went merely 
to exonerate the person of the debtor from imprisonment, 
admitting the latter to be valid, because it did not discharge 
the contract, but merely regulated the mode of its enforce- 
ment. 

In consequence of this decision, many suits were brought 
in the state of New York, against debtors who had availed 
themselves of the provisions of the act of 1811. In the su- 
preme court of that state, the opinion was admitted to be 
decisive, of all cases which came precisely within its princi- 
ple ; but a distinction was taken between contracts made be- 
fore, and those made after the passing of the act. The lat- 
ter. Chief Justice Spencer remarked, were made with a full 
knowledge of the existence of the law, and with reference 
to it, and were consequently subject to its provisions. This 
opinion was over-ruled by the supreme court of the United 
States, and the law declared invalid, in relation to contracts 
made both before arid after its enactment. 



152 HISTORICAL SKETCHES CH. VII. 

Case of Cohens vs. Virginia. The peculiar organization 
of the district of Columbia, gave rise to an interesting consti- 
tutional question, decided by the supreme court of the United 
States, in 1821 . In order to secure to the several branches of 
the federal government perfect freedom and safety in the exer- 
cise of their respective functions, the framers of the American 
constitution had provided that congress should have power to 
exercise exclusive legislation over ten miles square of terri- 
tory, which should thereafter become the permanent seat of 
government. Such district having been established, the na- 
tional legislature, for all the purposes of municipal regula- 
tion, exercised the same powers over it, as the state govern- 
Tnents do over their respective citizens. One mode, in which 
it was contemplated that this constitutional provision might 
be carried into effect, was by establishing a district legisla- 
ture, to be chosen and supported by its citizens, whose acts 
should be subject to be revised by the national government. 
This would give congress and the executive all the requisite 
security in the exercise of their powers ; and be at the 
same time analogous to the general system of state govern-, 
ments. Another was that congress should exercise direct 
municipal legislation over the territory. When the district 
w^as first designated, it embraced only two villages of any 
considerable magnitude, and not sufficiently numerous for 
the convenient exercise of internal legislation ; Congress 
were therefore induced to adopt the latter mode ; and the 
district of Columbia, since the year 1800, has been governed 
by a legislature, none of whom, have a permanent residence 
in the district, in the choice of whom, its citizens have no 
voice, and over whose deliberations they have no control. 
Congress have hitherto exercised this power with such pa- 
ternal solicitude for their favorite object, that the citizens of 
the district have readily acquiesced in their disfranchise- 
ment. This anomaly in the American system produced a 
singular collision, between congress exercising the functions 
of a municipal legislature for the district, and the govern- 
ment of Virginia. The former had authorized the city of 
Washington to set up, and draw a lottery within its limits, 
for the purpose of raising money to be appropriated to some 
improvements for the convenience of its citizens ; the lat- 
ter had passed a law prohibiting under a penalty the sale of 
any lottery tickets, other than those authorized by them, 
within their jurisdiction. 

The house ^f P. & M. Cohens, in Norfolk, having opened 
a lottery office, and sold tickets in the Washington lottery, 
were prosecuted in the borough court of Norfolk, by a suit 



1818. OF THE UNITED STATES. 158 

in behalf of the state, for the penalty. The defendants 
rested their defense on the ground that this was a national 
lottery, established for public purposes by the legislature ol' 
the union, whose acts were not subject to be controlled or 
impeded by the laws of any state. They were supported in 
this defense by the opinion of five eminent jurists, in differ- 
ent parts of the United States.* These gentlemen deno- 
minate the city of Washington a national city, and consi- 
der the improvements made there for the convenience of its 
citizens, as national objects, in which the people of the 
United States have a peculiar interest ; without defining 
what that peculiar interest is, or what exclusive privileges 
are to be enjoyed by citizens of a national city, they proceed 
to consider the act of congress authorizing the drawing of 
the lottery, not as the act of the legislature, acting for a 
particular district, but as an act of the national authority 
for public purposes ; and as such, paramount to the acts of 
any state legislatures. The sale of lottery tickets being es- 
sential to its success, they consider any law prohibiting or 
impeding their sale, in any state, void, as defeating the ob- 
ject of the national legislature. The state of Virginia 
claimed, that this was a mere municipal regulation for the 
district of Columbia, in which the citizens of the United 
States had no special interest that although the act was 
passed by congress, it was in their capacity, of a local legis- 
lature, and their acts as such, were not of paramount au- 
thority. The borough court were of this opinion, and de- 
cided in favor of the state. The defendants brought their 
case by writ of error, before the supreme court of the 
United States. The first question was in what manner the 
state of Virginia should be introduced as a party defendant 
to the process. This was done after much deliberation, by 
a citation from the chief justice to the governor of the state, 
and served by the marshal of the district, notifying him of 
the suit. The state of Virginia, which had ever watched 
with peculiar solicitude any measure of the general govern- 
ment, which might be construed to infringe on state sove- 
reignty, considered this as a direct attack upon her rights. 
A committee of the house of delegates, to whom was referred 
the message of the governor, giving information of this pro- 
ceeding, denied the right of the supreme court to interfere 
with the decisions of the state tribunals. Each state thev 



* Pinkney, of Maryland ; Ogden, Emmet, and Wells', of New York ; and 
Jones, of Columbia. 



154 HISTORICAL SKETCHES CH. Vll. 

consider as an independent sovereignty to every intent, 
except where a portion of its authority is delegated to 
tlie federal government, and this attempt to draw a state as 
a defendant, into the courts of the United States, as an as- 
sumption of power not warranted by the constitution, and 
destructive of the independence of the states. The ques- 
tion was elaborately argued before the supreme court, on a 
motion to dismiss the cause for the want of jurisdiction. 
The counsel for the state contended that the appellate juris- 
diction, given by the constitution to the supreme court, ac- 
cording to the obvious meaning of the term, was the removal 
of a cause from an inferior to a superior court, established 
by the same authority. That the state courts in cases cog- 
nizable before them were supreme and independent, no power 
being given by the constitution to the federal judiciary, to 
arrest a cause origmally cognizable before the state courts, 
in its progress, or revise their proceedings after its termina- 
tion. They objected to the court's assuming jurisdiction by 
implication, merely because it might be convenient, or bene- 
ficial to exercise it. 

A second point made, was, that a state was not liable to be 
made a defendant in a suit, by one of its citizens. Such 
power, it was contended, was not among the judicial pow- 
ers given by the constitution. A third objection was, that 
the law authorizing the drawing of a lottery, was a mere 
municipal regulation for the district of Columbia, and not a 
public act of general concern, to which the judiciary power 
of the United States extended, in such manner as to control 
the decisions of the state courts. 

The sum in controversy on this occasion, was of very 
little moment. The principles which it involved, were of 
vital importance. If the acts of congress were subject to 
be impeded or counteracted by twenty-four different legisla- 
tures, and judiciaries, without control, the general govern- 
ment might as well at once cease its operations. On the 
other hand, if the acts of the state legislatures, and their 
judiciaries, were subject to be annulled by the supreme 
court, they could be considered in no respect as independent 
sovereignties. 

Opinion of the court. In delivering their opinion, the 
court remark, that two distinct and independent legisla- 
tive and judicial authorities, acting on the same subject, 
the one having no control over the other, is a palpable ab- 
surdity in a political system. Questions arising between 
the general and state governments will present themselves, 



1818. OF THE UNITED STATES. 155 

and for ever exist, unless there be some constitutional tribu- 
nal established, to decide them. They consider themselves 
as possessed of this powder ; and if possessed of it at all, they 
remark, it must necessarily extend to areviev^r of the decisions 
of the state courts, whenever the constitution or laws of 
the United States come in question. This, they consider, 
can only be done by a removal of the cause, after a decision 
in the state courts, into the supreme court of the United 
States. The process by which this is effected, is a mere 
continuation of the original suit, and does not impugn the 
principle of that amendment of the constitution, which pro- 
tects states from being sued, in those cases where they were 
originally defendants. The court therefore overruled the 
motion for the dismissal of the cause. On the merits, they 
decided.that a grant to the city of Washington, of the pri- 
vilege of drawing a lottery within the district, for local pur- 
poses, did not necessarily imply a right to sell tickets, where, 
by the laws of a particular state, they were prohibited ; that 
there was nothing in the laws of Virginia upon the subject, 
which in terms, or by necessary implication, contravened 
the constitution or laws of the United States ; they there- 
fore affirmed the judgment of the borough court, against 
the defendants. 

State magistrates acting under laws of the U. S. Ano- 
ther important judicial question arose, in respect to the 
agency which a magistrate, appointed under the authority 
of a state, could legally exercise, in relation to executing 
the laws of the United States. This question was differ- 
ently decided by the courts in different states ; but was 
never finally determined in the supreme court. The first 
congress sitting under the constitution had provided, that 
a state magistrate, jpon oath being made to him that an 
offense against the laws of the United States had been com- 
mitted, might issue a warrant to apprehend the offender, and 
hold him to trial before the United States courts. By virtue 
of this act, a justice of the peace in the state of Maryland, 
for the county of Baltimore, had issued a warrant to appre- 
hend a person, charged with the crime of piracy, and to 
hold him for trial before the circuit court. On application 
to the state tribunals he was discharged, on the ground that 
congress could confer no judicial powers on any officer, 
acting under state authority, and that the law of the United 
States by which such power was attempted to be conveyed, 
was unconstitutional and void. Another reason given by 
the court was, that the legislature of Maryland had prohi- 



156 IIISTOmCAL SKETCHES CH. VII. 

bited their officers from accepting any office of profit, or 
trust, under the United States, and that this case came 
within that prohibition. 

Another act of the same congress had provided, that any 
seaman duly engaged in the merchant service, according to 
its regulations, and deserting from his vessel, might be ar- 
rested and held in confinement, until the vessel was ready 
to leave the port, and be then delivered on board. Three 
seamen having deserted from a vessel in James river, in vio- 
lation of their contract, were, according to the provisions of 
this act, arrested and held in custody by a warrant from a 
justice of the peace for Henrico county, and the question 
on the legality of the proceeding, was brought before the 
highest court in the state of Virginia, for decision. The 
view taken of the subject by that court was, that congress 
might designate such persons as they thought proper, to aid 
in carrying into effect the laws of the United States, that 
such designation might be made as well by referring to an 
office which they held under a state authority, as in any 
other manner; and if the persons so designated, were 
willing to perform the service, their acts would be valid ; 
that it was, however, no part of their official duty, as state 
officers, and they were not amenable to the state govern- 
ment for their conduct in that respect. In accordance with 
this principle, state magistrates and courts have been de- 
signated by several acts of congress, to authenticate various 
documents, and take evidence particularly in applications 
for pensions, and the principles of the Virginia judiciary 
on this subject have been generally adopted. 

Steamboat case. The successful application of steam to 
the purposes of navigation, was first accomplished, after 
much labor and expense, by two citizens of New York, 
Chancellor Livingston, and Robert Fulton, who obtained a 
charter from the legislature of that state, giving to them the 
exclusive privilege of navigating its waters by steam, for a 
term of years. Great improvements were soon afterwards 
made on the original plan ; boats could with difficulty, at 
first, be propelled only about four miles an hour ; their velo- 
city was afterwards increased from eight to twelve ; and 
passages were effected with certainty and dispatch, against 
windj tide, and current. So great an improvement in coast- 
ing, and inland navigation, soon came into general use. 
The privilege claimed by the patentees, was found to be 
extremely inconvenient and embarrassing to the citizens of 
other states, none of whose steamboats could approach the 



1818. OF THE UNITED STATES. 157 

great emporium of American commerce, without being lia- 
ble to a prosecution ; while those of the patentees could 
Jiavigate any of the waters of the United States, without 
interruption. The legislature of one of the adjacent states 
attempted to remedy this difficulty, and bring the patentees 
to a compromise, by passing a law prohibiting the Living- 
ston and Fulton boats from entering its waters. This 
measure failed of its object, and was found to create much 
public inconvenience. Mr. Gibbons, a wealthy citizen of 
Georgia, determined to try the validity of the patent, before 
the highest national tribunal. In defiance of the claims of 
the patentees, he established a line of steam packets 
between New York and Elizabethtown, on the route to 
Philadelphia. An injunction against their operations was 
obtained from the chancellor, and the question on its vali- 
dity, carried up before the supreme court of errors, consist- 
ing of the chancellor, judges of the supreme court, and 
senate of the state of New York. This tribunal decided in 
favor of the patentees ; Mr. Gibbons brought the question, 
by writ of error, before the supreme court of the United States, 
where it was ultimately decided against the validity of the 
patent, by the unanimous opinion of the court. The ground 
on which they decided the act of the state of New York to 
be void, was, that it was inconsistent with that article of 
constitution, which gives congress the power to regulate 
the commerce v/ith foreign nations, and among the several 
states. This, they consider, as embracing navigation ; and 
as being necessarily exclusive, and not to be exercised by 
two independent legislatures,* the one allowing, and the 
other prohibiting the same acts. That by the constitution 
and laws of the United States, their citizens, as also the 
subjects of foreign powers, conforming to those laws, have 
right to navigate the waters of the United States, in such 
manner, and to make use of such measures to propel their 
vessels, as they think proper ; and that it was not compe- 
tent for any state to close its ports against such vessels, in what- 
ever manner they might be navigated. After a long and 
elaborate opinion, in which the various points in the case 
were thoroughly examined, the chief justice apologizes for 
spending so much time in attempting to elucidate proposi- 
tions so exceedingly plain, as those by which the opinion 
of the court was supported, from a consideration that a con- 
trary opinion had been held by the highest legislative and 
judicial authorities of the state of New York. 
14 



158 HISTORICAL SKETCHES CH. VII. 

Several other cases have occurred, in which the legisla- 
tive and judicial acts of the highest state authorities have 
been declared void by the supreme court of the U»ited 
States. They also claim the power of exercising the same 
judicial authority over the acts of congress, but no instance 
has occurred in which it has been called into operation. 
The high character which that court has ever sustained for 
talents and integrity, and the able manner in which they 
have treated the subject, when called upon to pronounce the 
acts of state sovereignties void, have supported them in the 
view of the American people, when exercising this high 
prerogative. 



18l8v OF THE UNITED STATES. 159 



CHAPTER VIIL 



Negotiations with Spain— Boundaries of Louisiana — Cession of the Flori- 
das— Fraudulent grant of the crown lands in the Floridas vacated — Treaty 
concluded — Mr. Forsyth appoirited special envoy to obtain its ratification 
by fhe king of Spain — His correspondeuce with the Spanish minister — 
Ratification refused — Don Vives sent to the United States to explain the 
reasons of the refusal— Proceeds by the way of Paris and London to consult 
the French and British ministers upon ihe subject— Correspondence be- 
tween Vives and the secretary of state— Cornmuuication from the Russian, 
British, and French ministers at Washington, on tiie subject of Spain— 
Revolution in the Spanish jjovernment— Cortes direct the treaty to be rati- 
fied — luiportance of the Flo'idas to the United States— President's commu- 
nications to congress, and their proceedings on th« subject— Extension of 
the iVontier posts to the northwest — At St Perers— At the Mandan villages 
— Expedition to the Yellow-stone river — Application by a German adven- 
turer, to 'ie employed in the office of sfate — Mr Adams' reply — Second 
session of the 15th Congress — Message — Subjects of deliberation — Matthew 
Lyons' petition — Report of the secretary at war on tlie subject of roads and 
canals — Resolution of the senate on the subject ol employing the military 
in constructing them — End of tlie session. 

Treaty with Spain. The diplomatic controversy which 
had been carried on, with little interruption, between the 
American and Spanish governments for nearly a quarter of 
a century, terminated in February, 1819, m a treaty nego- 
tiated by Mr. Adams, the American secretary of state, 
with Don Onis, the Spanish minister at -^Vashington, con- 
taining a cession of the Floridas to the United States. The 
negotiation, besides a great variety of minor questions, em- 
braced two subjects of primary importance ; one, the limits 
of Louisiana ; and the other, indemnity for commercial 
spoliations. The claims of the European nations who took 
possession of portions of the American continent soon after 
its discovery, almost universally interfered with each other. 
The Spaniards at first claimed dorainon over the whole, 
in consequence of the discovery of Columbus. After this 
claim was contested, and partially relinquished, they next 
set up a title to the whole country bordering on the gulf of 
Mexico, by virtue of having taken posse sion of some' of 
the islands, and the southern coast of tiiat sea ; and ordered 
their viceroy to hunt out and exterminate all foreigners 
who should be found in that region either on land or water. 
Notwithstanding these threats, the French penetrated from 



160 HISTORICAL SKETCHES CII. Vlir. 

Canada to the mouth of the Mississippi, and formed several 
establishments on the gulf of Mexico ; one at New Orleans, 
one at Mobile, one at Natchitoches, and one at the bay of 
St. Barnard, and denominated the whole country, Louisiana, 
In adjusting- their respective claims to the American conti- 
nent, the European nations adopted two principles ; one. 
that the nation, who had gained possession of any particu- 
lar portion of coast, thereby acquired title to the country 
watered by the rivers which discharged themselves into 
the sea, within^ their limits ; or that the possession of the 
mouth of any riv&i' gave title to all the lands watered by its 
branches ; the other, that where two nations had taken pos- 
session of different portions of coast, at a distance from 
each other, the middle line between their nearest establish- 
ments was the line of partition between them. 

American claim as to the Louisiana boundary. On 
these principles, the American government claimed that 
Louisiana embraced the whole valley of the Mississippi, 
westward, and that it extended eastward as far as the river 
Perdido, that being" nearly half the distance between Mobile 
and Pensacola, and westward on the gulf of Mexico, as fe,r 
as the Rio de Nord, being about half way between the 
French establisliment at the bay of St. Barnard, their west- 
ernmost point on the gulf; and Panaxaca, the nearest Spanish 
settlement in New Mexico. In terminating the war of 
1756, England obtained Florida from Spain, and all that 
part of Louisiana lying eastward of the Mississippi, except 
New Orleans, from France ; and divided the whole terri- 
tory into two provinces, denominated East and West Flo^ 
rida. At the same time, France ceded to Spain the residue 
of Louisiana. In settling the peace of 1788, England ceded 
the Floridas to Spain, including, under that denomination, 
all that part of Louisiana which she had received from 
France. Spain continued in possession of the whole coun- 
try, under tliese denominations, until 1800, when she retro- 
ceded to France the colony or province of Louisiana, with- 
out defining its boundaries, but describing it as being of the 
same extent as it then had in the hands of Spain, as it had 
when France possessed it, and as it ought to have, after 
the treaties subsequently entered into between Spain and 
other states. This indefinite and contradictory description 
of the limits of Louisiana, introduced into the treaty of St. 
Ildefonso, under the direction of Talleyrand, when Spain 
herself was little more than a province of France, was evi- 
dently designed to enable Bonaparte to claim as much terrl^ 



1S18. OF THE UNITED STATES. 161 

tory under that denomination, as it was convenient for him 
to Jiold, or dispose of, in America. In 1803, France sold 
Louisiana to the United States, with the same description 
of limits as was contained in her treaty with Spain, and, of 
course, vested in them all her claims. When the question 
arose between the United States and Spain, as to these 
limits, France very readily declared that they embraced no 
territory eastward of the Mississippi, and but a narrow strip 
on the west. The French settlement in the bay of St. 
Barnard, by virtue of which che province of Texas was 
claimed to be within the limits of Louisiana, was broken up 
and destroyed by the Spaniards, in 1(389, and several esta- 
blishments on the coast of Texas, were afterwards made 
by Spain. In the year 1805, a special commission, con- 
sisting of Monroe and Pinkney, on the part of the United 
States, and Don Pedro Cavallos on the part of Spain, met 
at Aranjuez, with full power to settle the question of the 
limits of Louisiana, and other subjects of controversy be- 
tween the two nations, and after spending five months, and 
writing- volumes of diplomacy on the subject of limits, sepa- 
rated, without coming to any result. In the negotiations of 
1818, as it was agreed that Spain should cede to the United 
States all her territory eastward of the Mississippi, the 
boundary of Louisiana, on that quarter, ceased to be of any 
consequence, only as it related to the value at which the 
Floridas should he estimated, in the compromise. 

Western boundary agreed on. On the west, the United 
States agreed to relinquish their claim to the province of 
Texas, a territory several times as large, and much more 
valuable, than both the Floridas, their title to which, how- 
over, was very questionable ; and the south western bound- 
ary, between the United Stages and the Spanish dominions 
in America, was finally estaWished to be a line beginning 
at the Sabine river, on the gulf of Mexico, two hundred 
and fifty miles westward of the mouth of the Mississippi, 
and running in a northerly and westerly direction, to the 
42d degree of north latitude, am^ from thence, on that pa- 
rallel, to the Pacific ocean. The northern boundary, between 
the United States and the possessions of Great Britain, 
from the head waters of lake Superior to that ocean, being 
on the 49th parallel of latitude, the United States, by virtue 
of the Louisiana purchase, possess a territory of seven de- 
grees, or about five hundred miles, in width, the whole extent 
of the continent westward of the Mississippi. The distance 
11* 



162 HISTORICAL SKETCHES CH. VIII, 

in a direct line, having never been ascertained, is variously 
estimated, from two to three thousand miles. 

The other claims on the part of the United States, intro- 
duced into the negoiiation rather for the purpose of meet- 
ing claims on the part of Spain, than from the expectation 
of obtaining any pecuniary satisfaction, were, the suspension 
of the right of deposit at New Orleans ; and the injury sus- 
tained in consequence of the Spanish authorities in the Flo- 
ridas supplying the Indians with munitions of war, and en- 
couraging their hostilities, instead of restraining them, 
agreeable to the terms of the treaty of 1795. 

While Spain was in possession of both banks of the Mis- 
sissippi, near its mouth, the privilege secured to the United 
States, of the free navigation of that river, was of little con- 
sequence to their citizens, unless they could have a place of 
deposit in the Spanish territory, where the productions of 
the valley of the Mississippi, which descended that river in 
boats and rafts, could be transhipped in sea vessels, to fo- 
reign markets. By the treaty of 1795, it was stipulated 
that the United States should enjoy this privilege at New 
Orleans, until the Spanish government should designate 
some other place on the river, equally convenient for that 
purpose. In a few years afterwai'ds, the Spanish superin- 
tendent of finance, aX New Orleans, arbitrarily suspended 
this privilege, without designating any other place, under 
pretence that it was made use of to cover smuggling, and 
defraud the revenue. On a remonstrance to the Spanish 
government, the privilege was restored. The damages sus- 
tained in consequence of this suspension, formed one sub- 
ject of claim upon the Spanish government, from that time 
until the signing of the treaty of 1819. Though it operated 
as a' serious injury to the citizens of the west, yet no indi- 
vidual could claim any definite sum, as the amount of his 
loss. The suspension, however, formed an item of consi- 
derable consequence in the negotiation to balance Spanish 
claims. It has led to the purchase of Louisiana, an event 
incalculably of more consequence than all the losses sus- 
tained by the suspension. 

The countenance given by the Spanish governor of Flo- 
rida to the Seminole Indians and runaway negroes within 
his bor<iers, in their hostilities against the United States, 
contrary to the provisions of the treaty of 1795, were among 
the principal causes of the depredations on the southern 
frontier, and the subsequent Seminole war. But as the 
American government had taken a temporary possession of 



1818. OF THE UNITED STATES. 163 

the Floridas, and in this manner redressed themselves, it 
now only formed an item to balance the claims of Spain for 
taking possession of the territory. 

On the other hand, the demands of Spain against the 
United States were, for permitting a military expedition to 
be fitted out at New York, under Miranda, against her Ame- 
rican colonies ; for damages sustained by reason of priva- 
teers "fitted out in the ports of the United States, with Ame- 
rican capital, and manned by American seamen, cruising 
under the flag of her revolted colonies, against Spanish 
commerce ; and the forcible seizure of the Floridas by the 
troops under General Jackson. The plenipotentiaries being 
unable to come to any adjustment of these subjects, they 
were waived, and by the treaty, which was ultimately rati*-, 
fied, mutually discharged. . 

Fraudulent grants. At the instance of the Spanish 
minister, the negotiation was suspended from March to 
October, 1818. In the mean time, the American govern- 
ment received information from their minister at Madrid, 
that the king of Spain, soon after he had authorized Don 
Onis to cede the Floridas to the United States, in satisfac- 
tion of their claims, had conveyed away all the public or 
crown lands in the Floridas to three of his subjects ; so 
that the United States, by the cession, would obtain nothing 
but an empty and expensive jurisdiction, without any un- 
granted territory out of which their citizens, who had suf- 
fered by Spanish spoliations, might be indemnified. Al- 
though the American minister was unable to obtain copies 
of these alienations, or learn their precise dates, he acquired 
such information on the subject as placed the matter beyond 
a doubt. 

In January, 1819, the Spanish minister having received 
fresh instructions from his sovereign, the negotiation was 
renewed. Mr. Adams expressed in forcible terms to Don 
Onis, the views of the American government in relation to 
the recent grants of the crown lands in the Floridas ; that 
it was a direct and palpable fraud attempted to be practiced 
upon them, of which they would not be the dupes ; and that 
no treaty would be made unless these grants were annulled, 
or some other adequate provision made to remunerate their 
citizens. 

Terms of the treaty. On the 22d of February, a treaty 
was concluded, which contained a stipulation, that all grants 
made by the crown of Spain subsequent to the 24th of Ja- 
nuary, 1818, of Florida lands, should be void. It provided, 



164 HISTORICAL SKETCHES CH. VIII. 

that the American government should remunerate its citi- 
zens to an amount not exceeding five millions of dollars, 
which should be in full satisfaction of all claims either on 
the French or Spanish governments, for depredations com- 
mitted on their commerce by the Spaniards, or by French 
cruisers in the waters of Spain, or where the captured ves- 
sels were carried in, and condemned in Spanish ports ; and 
that Spain might have the benefit of all claims on the French 
government for remuneration. The treaty also provided 
for a mutual renunciation of all other claims existing be- 
tween the two nations. In the course of the negotiation, 
it was strongly urged on the part of Spain, that the Ameri- 
can government should stipulate not to recognize the inde- 
pendence of the Spanish American republics. This was 
not acceded to, and the United States were left free to act 
on that subject, as circumstances, in their judgment, should 
require. 

Delay in ratifying the treaty. The treaty was immedi- 
ately laid before the senate, approved by them, and ratified 
by the president on the 25th of the same month. Mr. For- 
syth, of Georgia, was appointed special envoy to the court 
of Spain, and dispatched with the treaty to exchange ratifi- 
cations. From th length of time the negotiation had been 
pending, and the minute discussion which every topic con- 
nected with the treaty had undergone, both at Washington 
and Madrid, it was confidently expected that it would be 
promptly ratified on the part of the Spanish government : 
and the Hornet, which took out Mr. Forsyth, was directed 
to wait at Cadiz for that event, and bring home the ratified 
treaty. Further delay and evasion on the part of Spain 
was the less to be expected, as the Floridas had long since 
ceased to be of any pecuniary or political advantage to her. 
The expenses of the colonial government were burthensome 
to the. parent state, whose authority had become merely no- 
minal. It was evident that they must soon pass into other 
hands ; and Spain had now an opportunity of extinguishing 
a long existing claim of great magnitude, by parting with 
what was of no value to her, and what, in ail events, she 
must soon lose. This expectation was confirmed by advert- 
ing to the strong and unusual expressions of the king, in 
the full powers given to Don Onis, and communicated to 
the president, by virtue of which the treaty was concluded. 
" We do hereby oblige ourselves and promise," say the full 
powers, "on the faith and word of a king, to approve, ra- 
tify, and fulfil it ; and cause to be inviolably observed and 



1818. OF THE UNITED STATES. 165 

fulfilled, whatever may be stipulated and signed by you, to 
which intent and purpose I grant you all authority and 
full power, in the most ample form." But the United 
States had as yet only got through with the first chapter of 
Spanish intrigues and tergiversations. The treaty, ratified 
on the part of the United States, was immediately transmit- 
ted to his government by a special messenger from Don Onis, 
and arrived there early in April. On the 19th of May, the 
American minister presented his credentials to the Spanish 
government, informing their minister of foreign relations of 
his readiness to exchange ratifications whenever it might suit 
his convenience, and wishing it might be done at an early 
day, that it might be sent to the United States by their vessel 
then waiting at Cadiz to take charge of it. Not receiving 
any answer to this communication, on the 4th of June, he 
addressed another of the same purport to the minister ; and 
on the 19th received an answer, stating that in view of the 
great importance of the treaty, his majesty mu.-t examine it 
with the greatest caution and deliberation, before he pro- 
ceeds to ratify it. 

Mr. Forsyth, disgusted and deeming his government in- 
sulted by this procrastination, replied in terms inconsistent 
with diplomatic courtesy, expressing his astonishment at 
the delay, and his conviction that Spain dare not refuse the 
ratification ; and that the United States knew well how to 
punish such an act of perfidy, should there be occasion. 
After a further delay of nearly two months, the Spanish mi- 
nister, on the lOth of August, replied, expressing his disap- 
probation of the insulting language, as he termed it, of Mr. 
Forsyth, and informing hJm of the determii ation of his ca- 
tholic majesty to send a special envov to the United States 
to require explanations, before the treaty could be ratified. 
The time limited by the terms of the treaty for the exchange 
of ratifications expiring on the 22d of August, Mr. Forsyth 
notified the Spanish government, that atler that period, 
the treaty not being ratified, all the claims of the United 
States upon Spain would be uncancelled, and his govern- 
ment free to enforce them in any manner that its honor and 
interest might require. Afterward, a fruitless discussion of 
the question, whether, upon the principles of national law, 
and the peculiar expressions of the king of Spain in his com- 
mission to Don Onis, he was bound in all events to ratify 
the treaty, terminated the correspondence of Mr. Forsyth 
and the Spanish minister upon the subject. 



166 HISTORICAL SKETCHES CH. VIII. 

Proceedings of congress relating to' Spain. In com- 
municating the papers relating to th.s iieg^otiation, and its 
result, to congress, >n December, 1819 the president re- 
marks, "that (his proceeding, on the part of Spain, has 
formed a relation between the two countries which would 
justify any measures on the part of the United States, wmch 
a strong sense of injury and a proper regard for the rights 
and interests of the natinn might dictate. Had the United 
States been desirous of inaKing conquests, or willing to ag- 
grandize themselves in that way, they coaid have had no in- 
ducement to form this treaty, and much cause of giatulation 
at the course which hjjd been pursued by Spam. An ample 
field for ambition would he open before them. Buteuch a 
course is not consistent with the principles of their govern- 
ment, or the interests of fhe nation." On the whole, the 
president submits to the consideration of congress, whether 
it would be proper to carry the conditions of the treaty into 
effect, in the same manner as If it had been ratified by Spain, 
claiming on the part of the United States all its advantages, 
and leaving to Spam all those secured to her. This the 
president deems the proper course ; but as his catholic ma- 
jesty had twice signified his intention to send a special en- 
voy to the United States to ask explanations on certain 
points, and to give his re..6onsforthe delay, he recommends 
to wait the result of that embassy before decisive measures 
are taken on the subject ; and that any act which congress 
should pass, authorizing the occupation of the Flondas, 
might be contingent, and 'ts execution left to depend on the 
result of the new embassy now daily expected from Spain. 
In the course of the summer, the ministers of Great Britain, 
France, and Russia had taken occasion to remark to the 
American government, upon the conduct of Spain in relation 
to this negotiation, expressing their sense of the justice of 
the claim, and of the impropriety of the delay, and w shing 
that no measures of a hostile character might be suddenly 
taken, and expressing their belief that Spain would ulti- 
mately ratify the treaty. 

In the house of representatives the subject was referred 
to the committee of foreign relations ; the chairman, by di- 
rection of the board, addressed a letter to the president, in- 
quiring whether he consl.iered the treaty, in its present 
state, of the same force as though it had been ratified by 
Spain. The question as to the validity of the treaty under 
existing circumstances, was a point of national law, the so- 
lution of which was to be obtained from writers upon that 



1SJ8, OF THE UNITED STATES. 107 

subject, and not from executive documents. The secretary 
of state readily g-ave the desired information, stating" his 
views upon the subject to be, that the treaty was not valid 
as an executed mstrument, under which any rights could be 
claimed, but was likened to a case at law, of a covenant 
to convey, where one party refused to execute the deed, in 
which a court of chancery would place the injured party in 
the same situation as though the conveyance had been exe- 
cuted ; but as no court of chancery to settle contested 
rights existed between nations but arms, the United States 
niight resort to them and redress themselves. The policy 
of the measure, under all circumstances, was the only ques- 
tion in the case. ^ ^ 

The committee, towards the close of the session, reported 
a Dill, authorizing the immediate occupation of the Floridas • 
but the president, having received positive information of 
the appointment of a minister, and recommending a further 
postponement of the subject, in conformity to the wishes of 
the principal European powers, no definitive measures were 
taKen at this session. 

thP^t^L^f'tf ' '^'*''''?- . ^^^^' ^ ^^^^y «^ t^" ^o^ths, from 
the Zlf^ V7'/^^''^ '^^ ''""^'y ^^ ^P^^°' ^"d six, from 
LlfV V""'^^-^/^' '^^ ratification, Don Vivos, a Spanish 

obtain L^.'?'' ""^J^'^-^' '° '^'^ American government, to 
obtain from them certain explanations in relation to the 
tJnn nf >" .^^ ^o enable his majesty to determine the ques- 

mediately to the place of his destination, Don Vivos made 
iis debut at Paris, to learn the feelmgs of thrPr^nch 
government, and what would probably be their course in case 

th.r. I '' ^f'^'r ^^" ^"^^^d ^'^''' ^"d Spam. HaW 
there received information of a character contrary to wf 

Tt wllh ?hr'''''' '' ^^"^^^ «" ^^^ -"^^ --^«d! and 
met with the same success. The character of the ArLeri 
can nation, at this time, stood high in Europe ; the ground 

^W '"^ "f^'T '° ^P^i" was justifiable, and had been 
maintained with moderation and firmness.. The other Eu 

3h?°''l"fif '"^ '^^' ^P^^" "^"«t yield, or fwar which 
might reach them would be the probable consequence For 

bv'sn^'"'"' '^'^ ^^"^ "" ^^^"•^- Nothing was to be gained 
by Spam m a war with America. The litter had no coTo 
mes exposed to her grasp, no territory to be conquered" 
The recent display of American naval enterprize,Ty no 
means encouraged them to expose their commerce to a^se! 



168 HISTOiRICAL SKETCHES CH. Vlli. 

cond hazard. Don Vives was. given to understand, both at 
London and Paris, that his government could expect no 
countenance from the other powers of Europe, in a contest 
with the United States. With this information, the Spanish 
minister arrived at Washington in April, 1820. He was not 
the bearer of a ratified copy of the treaty to be exchanged, 
on obtaining satisfaction relative to the points on which his 
government required an explanation ; he was not autho- 
rized to bring to a close the long existing controversy; 
his object seemed to be, to open another diplomatic cam- 
paign on subjects long since exhausted. In his first official 
communication, after exhibiting his letters of credence, he 
stated, that the difficulties which had occurred to prevent his 
sovereign from ratifying the treaty were, the encouragement 
given to his rebellious subjects in America, by suffering ar- 
maments to be fitted out in the ports of the United States, 
to their aid ; secondly, an expedition which, he said, had 
been set on foot to take possession of the Texas ; and, thirdly, 
the note accompanying Mr. Forsyth's communications, re- 
quiring the recent grants of the Florida lands to be consi- 
dered void, although they might bear date prior to the 24th 
of January, 1818. Mr. Erving, not having been able to ob- 
tain the precise dates of those grants, it was apprehended 
that when brought forward, they would appear to be anterior 
to that time. To guard against afraud of this description, Mr. 
Erving had been instructed to represent to the Spanish go- 
vernment, that any grant, designed to defeat the objects of 
tlie treaty, would not be regarded, whatever might be its 
date. This, he stated, was essentially varying an important 
article in the treaty. He required a satisfactory explanation 
on these points, and a stipulation, that the American govern- 
ment should not recognize the independence of the South 
American republics, as indispensable conditions, which being 
complied with, he was ready, not to exchange ratifications, 
but to give the word of the king, that the treaty should be 
ratified at some future period. 

Answer of the secretary of state to his communications. 
To this communication, Mr. Adams replied, that the Ame- 
rican government already had the king's word solemnly 
pledged to ratify the treaty, and the mere renewal of an old 
promise could not add to its value ; that his government 
would be satisfied with nothing short of an exchange of 
ratifications, or an actual surrender of the Floridas, neither 
of which he appeared authorized to give ; and that a further 



^SIB. OF THE UNITED STATES* 169 

discussion of subjects already exhausted, could afford no 
new light or lead to any beneficial result. He would inform 
him, however, that it always had been, and would continue 
to be the policy of the United States to maintain a strict 
and impartial neutrality in the contest between Spain and 
her colonies ; that laws had been made and rigidly enforced, 
inflicting heavy penalties on its infringement ; that his infer- 
mation in relation to any expedition, fitted out or on foot, to 
take possession of the Texas, to which Spain, he observed, 
had no title, except what she derived from the unratified 
treaty, was unfounded. In relation to the fraudulent grants, 
he gave the Spanish minister to understand, that they never 
would be recognized by the American government : and the 
declaration of Mr. Forsyth upon that subject was only in. 
tended to express what was the clear understandino- of ali 
parties to the instrument, at the time it was made, in order 
that neither the grantees, nor the Spanish government might 
be deceived. As to the stipulation, binding the American 
government not to recognize the independence of the Spa> 
nish American colonies, the secretary of state observed 
no such obligation had been required of any European power' 
none could be given by the United States, and they never 
would consent to enter into any new obligations, in order to 
mduce a fulfilment of those already made. The revolution 
m Spain which resuscitated the cortes, and made them a 
constituent part of the government, took place after Don 
Vives had received his instructions, and taken his departure 
for America. He stated this fact to Mr. Adams, observing 
that It might give quite a different aspect to the subject, and 
the correspondence closed. 

In communicating this result to congress, the president 
stated, that it contained nothing which could operate as a 
reason for a further delay in taking possession of the Flori- 
das ; but as the cortes had now become a component part of 
the Spanish government, it might be prudent to wait their 
determination, before the ultimate step was taken On this 
suggestion the subject was further delayed, and the cortes 
at length gave a reluctant assent to the Florida treaty ; and 
he king of Spam, on the 24th of October, 1820, more than 
It/ '^'.''^^A .f "' ''' ^''' ^ign^iure, in pursuance of the'r 
advice, ratified the treaty, with an express declaration that 
the contested grants should be considered as null. As the 
period fixed m the treaty for its ratification had elapsed lon^ 

.f^"fhl^%^f^ u?^^^ !^"^ "^^^P^^d i^' ^' became neces! 
sary that it should be again submitted to the senate. It re. 



170 HISTORICAL SKETCHES OH. VIII. 

ceived the final sanction of the American government, on 
the 22d of February, 1821. The session of congress, termi- 
nating on the 3d of March following, they had time to do lit- 
tle more than pass a general law, authorizing the president 
to take possession of the ceded territory, according to the 
tenor of the treaty ; and provide for its temporary govern- 
ment, according to the laws then existing in the provinces, 
until the next congress should make permanent provision 
upon the subject. 

Importance of Florida. Considered merely as an ex- 
tension of territory, to a nation already possessing more 
than can be peopled in several centuries, the attainment of 
the Floridas was of little consequence. But there were 
other points of view, which rendered its acquisition desira- 
ble, at almost any expense. In the hands of Spain, this 
territory was the receptacle of a population of the worst 
kind, constantly exposing the southern frontier, the weakest 
and most vulnerable of the United States, to depredation. 
In the possession of a more powerful nation, it would ena- 
ble them to blockade the mouths of the Mississippi and Mo- 
bile rivers, destroy the trade of the United States in the 
gulf of Mexico, interrupt the water communication between 
the Atlantic and western states, and encourage Indian hos- 
tilities on the southern border. In the hands of the United 
States, the harbor of Pensacola is an important acquisition 
to their trade in the gulf ; and the extensive forests of live 
oak found in the territory, afford important resources for 
the American marine. Its possession prevents the neces- 
sity of an expensive chain of military posts, on its northern 
border. Some of the rivers which pass through the Flori- 
das, on their way to the ocean, take their rise in the United 
States, and are the natural outlet for the people inhabiting 
their head waters. 

Extension of military posts. It was a favorite object of 
the war department, under Mr. Monroe's administration, to 
extend the military positions in the northwest, far into the 
interior of the Indian country, beyond the frontier settle- 
ments. The advantages expected from this policy were, to 
overawe and keep in peace the Indians ; encourage the pro- 
gress of the settlements ; to command the fur trade from 
the neighborhood of the Rocky mountains, said to be the 
moat lucrative in America ; prevent the Hudson's bay com- 
pany from extending their trade towards the sources of the 
Missouri, and expel the British from the limits of the United 
States. With these views, a strong military post was esta- 



1818. OF THE UNITED STATES. 171 

blished on the Mississippi, at the mouth of the St. Peters 
fiver, latitude 44 N., nine miles below the falls of St. An- 
thony. This position commands the navigation of both 
rivers, and is capable of being rendered, with little expense^ 
secure from an Indian attack. The climate is healthy, and 
the rich prairies and bottom lands which skirt both rivers, 
are capable of cultivation, to the extent of affording suste- 
nance for the garrison. A tract nine miles square, and in- 
cluding this position, around the falls of St. Anthony, wa& 
purchased of the Indians, in 1805, and occupied by three 
hundred troops, in 1818. As a military position, it is of 
great importance, being in the neighborhood of several 
powerful Indian tribes, who heretofore had been under the 
exclusive control of British traders, and hostile to the 
Americans. It affords a ready access into the heart of the 
Indian country, by several channels : the Mississippi on the 
north, which is navigable for boats, six hundred miles above 
the falls ; the St. Croix on the northeast, which joins the 
Mississippi just below the falls, and communicates with 
lake Superior, by a portage of only half a mile ; and the St, 
Peters on the northwest, which runs through the territory 
of the Sioux, the most powerful of the Indian tribes, and is 
navigable several hundred miles. 

Yellow Stone river expedition. A second post was esta- 
blished at the Mandan villages, on the Missouri, sixteen 
hundred miles above its junction with the Mississippi, and 
one hundred and fifty south of an establishment of the Hud- 
son's bay company, on the Assaniboin river ; and a third at 
the mouth of the Yellow Stone, a river which rises from a 
lake in the Rocky mountains, and running a northeasterly 
course, falls into the Missouri, eighteen hundred miles above 
St. Louis. The manner in which the expedition to the 
Yellow Stone proceeded from St. Louis, was calculated to 
make a deep impression on the natives adjoining the banks 
of the Missouri. A steamboat, in the form of a huge water 
snake, and having every appearance of a live animal, ap- 
peared breasting the current, overcoming every obstacle, 
and dashing through the waters with great velocity, and 
constantly emitting a dense volume of smoke from its mouth. 
By an occasional discharge of a heavy gun, the wilderness, 
for miles around, appeared to echo with the bellowing of 
the animal. A creature of so imposing an aspect, had a 
powerful effect on the wondering savages, collected on the 
banks. In their view, the great evil spirit had arisen from 
I he deep, and was come to punish their transgressions 



172 HISTORICAL SKETCHES CH. VIII. 

They endeavored to appease his anger, by paying homage 
to his power, in their accustomed manner of worship. The 
expedition was unable to ascend, the first season, further 
than the Council Bluffs, twelve hundred miles up the Mis- 
souri, and the most northwestern post of the United States. 
They spent the winter of 1819-20 at this place, making pre- 
paration to proceed to the place of their ultimate destina- 
tion. But the expedition was afterwards abandoned. 

Furstonwether's appUcatio7i. Among the characters 
which the spirit of emigration had disposed to transplant 
themselves from the eastern to the western continent, in 
the year 1819, was a German by the name of Furston- 
wether, who had been employed by the Baron de Gagern. 
to collect information concerning his countrymen in the 
United States, and solicit favors and encouragement for 
them from the government ; his mission having introduced 
him to the secretary of state, and led him into a corres- 
pondence with that department, the affairs of his country- 
men became but a secondary object of his concern, he mo- 
destly solicited for himself an office in the department of 
state, promising, that in case it should be sufficiently in- 
viting, he would transfer his allegiance to this country, and 
forego very advantageous offers of employment in his own. 

Mr. Adams* reply. To this office-seeker from Germany, 
who seems to have supposed that the United States were in 
great want of talents to administer the government, Mr. 
Adams replied in a tone calculated for ever to silence sucli 
pretensions, and in a manner of which his fellow-citizens 
must ever be proud. '*The government of the United 
States," he says, "has never adopted any measure to en- 
courage or invite emigrants from any part of Europe. It 
lias never held out any incitements to induce the subjects of 
any other sovereign to abandon their own country to be- 
come inhabitants of this. From motives of humanity, it 
has occasionally furnished facilities to emigrants, who, having 
arrived here with views of forming settlements, have spe- 
cially needed such assistance to carry them into effect. One 
principle pervades all the institutions of this country, and 
must always operate as an obstacle to the granting of favors 
to new comers. This is not a land of privileges, but of 
equal rights. Emigrants from Germany, therefore, or else- 
where, are not to expect favors from the government. They 
are to expect, if they choose to become citizens, equal rights 
with those of the natives of the community : if affluent, the 
means of making their property productive, with moderatioR 



1818. OF THE UNITED STATES. 17S 

and with safety ; if indigent, but industrious, honest, and 
frugal, the means of obtaining easy and comfortable sub- 
sistence for themselves and their families. They come to 
a life of independence, and also to a life of labor ; and if 
they cannot accommodate themselves to the character, 
moral, political, and physical, of this country, with all its 
compensating balances of good and evil, the Atlantic is al- 
ways open to them to return to the land of their nativity and 
their fathers. 

'* We understand perfectly, that of the multitude of foreign- 
ers who yearly flock to our shores, to take up their abode 
iiere, none come from affection or regard to a land to which 
they are total strangers, and with the very language of 
which, those of them who are Germans, are generally un- 
acquainted. We know they come with views not to our 
benefit, but their ov/n ; not to promote our welfare, but to 
better their own condition. We expect, therefore, very 
few, if any transplanted countrymen, who enjoy happiness, 
ease, or even comfort, in their native climes. The happy 
and contented remain at home, and it requires an impulse 
at least as keen as that of urgent want, to drive a man 
from the seat of his nativity, and the land of his fathers' 
sepulchres. Of the very few emigrants of more fortunate 
classes, who ever make the attempt to settle in this country, 
a principal proportion sicken at the strangeness of our 
manners, and after a residence more or less protracted, re- 
turn to the countries from whence they came. There are 
doubtless exceptions, and among the most opulent, and 
most distinguished of our citizens, we are happy to number 
individuals who might have enjoyed or acquired wealth and 
consideration without resorting to a new country, and ano- 
ther hemisphere. We should take great satisfaction in find- 
ing you included in this number, if it should suit your owk 
inclinations, and the prospects of your future life, upon your 
calculations of your own interest. It is not in my power 
to add the inducement of office. All the places in the de- 
partment to which I belong, allowed by the laws, are filled, 
nor is there a prospect of an early vacancy in any of them. 
Whenever such vacancies occur, the applications from na- 
tives of the country to fill them, are far more numerQi^s than 
the offices, and the recommendations in behalf of the can- 
didates so strong, that it would seldom be possible, if it 
would ever be just, to give a preference over them to fo- 
reigners. I should not, therefore, do either an act of kind- 
ness or justice to you, in dissuading you from the oflfers of 
15^ 



174 HISTORICAL SKETCHES CH. VIII. 

employment, and honorable services to which you are called 
in your native country." This pertinent reply to Mr. Fur- 
stonwether's application being communicated to him, and 
made public, extinguished his hopes, and those of many 
other foreigners, by giving them clear and precise informa- 
tion of what was to be expected from an emigration to this 
country. 

Second meeting of the fifteenth congress. Pursuant 
to a law of the last session, the second meeting of the fif- 
teenth congress commenced on the 16th of November, 1818. 
A quorum of both houses appeared in their respective cham- 
bers on the same day, and received the president's mes- 
sage on the next. It contained a pleasing view of the state 
of the nation, both in relation to its foreign and domestic- 
concerns. In times of tranquil prosperity, the head of the 
government finds few subjects of interest to communicate 
to the national representatives. With a fruitful and healthy 
season ; with a revenue exceeding the estimates and ade- 
quate to all the exigencies of government ; with a well re- 
plenished treasury ; with peace at home, and a favorable as- 
pect of affairs abroad; and with a population rapidly in- 
creasing, and expanding itself in every direction, the United 
States appeared " in the full tide of successful experi- 
ment." 

Matthew Lyon's memorial. The incidents of the Semi- 
nole war ; the situation of the bank of the United States ; 
the conduct of its officers, and the expediency of directing 
a prosecution to vacate its charter, formed the principal 
subjects of deliberation this session. Private applications 
for pecuniary relief were numerous. That of Matthew 
Lyon, formerly a representative from Vermont, and after- 
wards from Kentucky, was of a singular character. It. 
stated that he was unjustly prosecuted under the sedition 
law of 1798, for a publication made before the passage of 
the law, of a paper expressive of his sentiments of the 
manner in which the executive branch of the government 
ought to be conducted, and for reading in the hearing of se- 
veral persons a letter written by Joel Barlow, then in France, 
to a member of congress, in which the American govern- 
ment were severely censured for their conduct in relation to 
France. That by force of this prosecution, which he com- 
plains was conducted with great partiality and unfairness on 
the part of the prosecutor and the court, he was fined a 
thousand dollars, imprisoned several months, and finally 
compelled to pay the fine, and several hundred dollars costs. 



181^. OF THE UNITED STATE^i. 175 

That during his imprisonment, he was elected a member of 
congress, and thereby prevented from attending. His 
claim was for a reimbursement of his fine and costs, with 
the interest, and a compensation for the losses and injuries 
sustained by his imprisonment. From the peculiar charac- 
ter of this application, it was referred in the senate to the 
committee on the judiciary, who reported unfavorably, and 
the petition was negatived. 

Mr. Calhoun's report on roads and canals. In compli. 
ance with a resolution of the house of representatives, at their 
former session, directing the secretary at war to report " a 
plan for the application of such means as are within the 
power of congress, for the purpose of opening and con- 
structing such roads and canals as may deserve and require 
the aid of government, with a view to military operations 
m time of war, the transportation of munitions of war, and 
also a statement of the works of that nature which have 
been commenced, the progress which had been made 
and the means and prospect of their completion ;" the 
secretary, on the 7th of January, presented an elaborate re- 
port to the house, stating, that in his opinion, a judicious 
system of roads and canals, constructed for the convenience 
of commerce, and the transportation of the mail, only, with- 
out reference to military operations, is itself amono- the 
most efficient means of defense; as the same road? and 
canals, with ?ew7 exceptions, would be required for the ope- 
i-ations of war, such a system, by consolidating the union 
increasing its wealth and fiscal capacity, adds greatly to 
the resources of war. 

" There is," remarks the secretary, " no country to which 
a good system of roads and canals is more indispensable, 
than to the United States. Great as is the military capa- 
city of the country, compared with the number of people 
yet, when considered in relation to its vast extent, it must 
be obvious that it is difficult for the government to afford 
adequate protection to every part. This difficulty is in a 
great measure overcome by a good system of military roads 
and canals. According to his views, in all questions of 
defense, there are three points which require special atten- 
tion: the eastern, or Atlantic frontier, the northern, or 
aSf of Mexbo ^'' ^""^ ^^^ southern, or the frontier of the 

Knl^'f^h^'f f J^^^'M;- Calhoun recomhiends opening a 
line of inland sloop navigation, from Boston to- Savannah 
which he estimates may be done by excavating one hundred 



176 HISTORICAL SKETCHES OH. VIII. 

miles of canal, at an expense of three millions of dollars. 
Another measure of defense, reciprocal for both the Atlan- 
tic and Canadian frontier, is the opening a communication 
by canals, where practicable, and by artificial roads, where 
canallingis not feasible, between the Atlantic and the west. 
The points specified in the report, for this object, are, from 
Albany to the lakes ; from Philadelphia, Baltimore, Wash- 
ington, and Richmond, to the Ohio ; and from Charleston 
and Augusta, to the Tennessee river. 

As particularly applicable to the defense of the Canadian 
frontier, a canal communication from Albany, to lake 
George and lake Ontario, the secretary remarks, are neces- 
sary, both of which are in progress by the state of New 
York. A communication, also, from Pittsburgh to lake 
Erie, by the Alleghany river, which, in its main navigable 
branch, approaches within seven miles of the lake, is im- 
portant for the same object. 

*' The real strength of the southern frontier,'' the secre- 
tary remarks, " is the Mississippi, by the aid of whicli, as- 
sisted by the force of steam, an irresistible force can at once 
be concentrated at the point of danger." The improve- 
ment of the navigation of that river, therefore, is the most 
important measure of defense, for the south. Most of the 
improvements suggested, are of the first importance to the 
commerce, agriculture, manufactures, and political prospe- 
rity of the country ; but are not, on that account, the less 
necessary for military purposes. Scarcely a road or canal 
can be designated, which is useful for the operations of 
war, which is not equally required for the industry and pros- 
perity of the community. 

The secretary recommends a survey of the routs, and an 
estimate of the expenses, to be done principally by the en- 
gineers attached to the military service ; and the employ- 
ment of the army, to a certain extent, in the construction 
of the works, with a provision for extra pay, while employed 
in that service. 

In answer to that part of the resolution which required 
information of what already had been done, he states, that 
a road from Plattsburgh to Sacket's harbor, opening a direct 
communication, on the most convenient root between 
lakes Champlain and Ontario, had been commenced; one 
from the southern boundary of the state of Tennessee, to 
Madisonville, on lake Ponchartrain, within twenty-seven 
miles of New Orleans, fifty miles of which were already 
completed ; and one from Detroit, to the rapids of the 



i819. OF THE UNITED STATES. 177 

Miami, seventy miles of which were finished. The course 
of the latter road lying through the public lands of the Mi- 
chigan territory, brought into view, and rendered accessi- 
ble, a large portion of fertile country, which was rapidly 
settling. 

Employment of soldiers on roads and canals. This re- 
port of the secretary, brought under discussion an in- 
teresting question, how far the military could, with pro- 
priety, and consistently with the views with which the 
soldier enlisted, be employed in constructing roads and 
canals. The appropriate business of a soldier, is to fight, 
and not to labor ; and fatigue duty had usually been con- 
fined to the erection of temporary fortifications, and the 
opening of military ways, necessary for immediate opera- 
tions. The construction of a road, over which it might be 
convenient for an army to pass, at some future period, in 
case of a war, it was admitted, was but remotely connected 
with the military. On the ground, however, that employ, 
ment was better than a state of idleness, and that for extra 
pay the soldier's consent might be obtained, a resolution 
passed the senate, by the casting vote of the president, ap- 
propriating ten thousand dollars to this object. The session 
terminated by the expiration of the period for which the 
house of representatives, and one third of the senate, wero 
elected, on the third of March, 1819. ' 



178 HISTOBICAL SKI/rClIES CH. IX. 



CHAPTER IX. 



First session of the 16lh congress— Message— Admission of Maine and Mis 
souri— Preparatory proceedings of Maine— Her case connected with Mis- 
souri—Proposed restriction — Origin of African slavery — Arguments in fa- 
vor of allowing it in Missouri— Against its further extension— A compro- 
mise — Excitement occasioned by the discussion— Proceedings of several 
state legislatures, and of the corporation of the city of Savannah upon the 
subject — Tariff— Separation of the committee of commerce and manufac- 
tures—Report of the committee on manufactures — Tariff bill— Bill abo- 
lishing credit for duties— Auction bill— A navigation act — An act prohibit- 
ing intercourse with the British American colonies— Fourth census. 

First sessio7i of the 16th congress. The first session 
of the 16th congress commenced on the 6th of December 
1819. Mr. Clay was elected speaker by an almost unani- 
mous vote. The president's message, communicated on the 
7th, was a plain business-like state paper, the prominent 
parts of which were a detailed account of the Spanish ne- 
gotiation ; and of an unsuccessful attempt with the British 
cabinet to obtain a participation in their colonial trade. 

Maine and Missouri. The subject of the admission of 
two new states, one at the eastern and the other at the 
vrestern extremity of the union, and distant from each other 
about two thousand miles, from the importance of a question 
incidentally raised respecting Missouri, occupied almost the 
whole attention of congress. The question assumed a sec- 
tional character, and towards the close of the session was 
attended with more asperity, than any which had agitated 
that body since the declaration of war. 

Proceedings of Maine. The district of Maine is sepa- 
rated from Massachusetts proper by the intervention of New- 
Hampshire. The local situation of the two sections, clearly 
indicated a division, whenever the population and the wishes 
of the inhabitants of Maine should call for it. In June, 
1816, an act passed the legislature of Massachusetts, making 
provisions for taking the votes of Maine, upon the subject 
of a separation ; and providing for that event in case five- 
ninths of the whole number of votes returned were in favor 
of the measure. The act also provided for calling a con- 
vention of delegates from the towns in that district, by 
whom the votes should be received and counted ; and on 



1820. OF THE UNITED STATES. 17^ 

there appearing to be the requisite number, the convention 
were authorized to form a constitution for the proposed new 
state. Such was, at this time, the harmony subsisting be- 
tween the different sections, that there was but a small ma< 
jority not amounting to five-ninths in favor of a separation. 
The convention however were desirous of effecting the 
object, and resorted to a singular mode of computation to 
bring it about. They found that on comparing the majori- 
ties of the votes in those towns which were in favor of a 
separation, with the majorities in those which were against 
It, and rejecting from their computation all other votes, lea-- 
ving those on one side to balance the other, they somewhat 
exceeded five-ninths. This they decided to be, in their 
opmion, a compliance with the act ; but as there were some 
doubts upon the subject, they referred it to the next legisla- 
ture, and adjourned until after its session. That legislature 
at once decided, that the requisite number of votes in favor 
of a separation had not been given, and declared that the 
powers of the convention were at an end. 

The sense of the people of the district was again taken 
upon the subject in the year 1819, when there appeared to 
be a large majority in favor of a separation. The legis- 
lature of Massachusetts gave their consent, and the people 
of Mame proceeded to form a constitution. Early in the 
session these proceedings were laid before congress. The 
provisions of the constitution upon the subject had been 
complied with, and no objection appeared against receiving 
this new sister into the American family. The first clause 
in her bill of rights, declaring that all men at their birth are 
free and possessed of equal rights, necessarily excluded 
slavery from her system. A bill passed the house of repre- 
sentatives for her admission as a matter of course, and 
without debate, except in some of its minor details. 

Admission of Maine connected with Missouri. In the 
senate this bill was amended, by annexing to it a provision 
for the admission of Missouri. Mr. Roberts, of Pennsylva- 
nia, proposed another amendment, providing that the fur- 
ther introduction of slavery into the new state should be 
absolutely and irrevocably prohibited. This proposition ar- 
rayed the south against the north ; the slave-holdino- against 
the non-slave-holding states, and called forth all the talents 
and much of the rancor of the champions on each side. 
Ihe application for the admission of Missouri had been pre- 
sented the last session, and a bill for that purpose had passed 
the senate. In the house of representatives it was amended 



180 HISTORICAL SKETCHES OH. 1X7 

by annexing a clause restrictive of slavery, similar to the 
one now proposed ; and the bill was lost in that congress by 
the final disagreement of the two houses on the subject. 
On the appearance of the application of Maine at the com- 
mencement of this session, the advocates for the unrestrict- 
ed admission of Missouri, deemed it a favorable opportu- 
nity to carry through the measure by connecting the two 
subjects. Various attempts were made to separate them, 
but without success ; and the existence of Maine as a state, 
was, by this mode of proceeding, made to depend on a 
question which had no relation to her case. 

Origin of slavery. The proposition that all mankind 
are born free, and with equal rights, had found its way into 
the declaration of independence, and the congress of 1776 
had, in behalf of the people of the United Colonies, 
•* pledged their lives, their fortunes, andtheir sacred honors," 
for its support. The same proposition had been trans- 
planted into the bills of rights prefixed to most of the state 
constitutions, and was considered as the corner-stone on 
which the American republics were built. That one portion 
of the human race could have any legitimate right to hold 
the other in perpetual bondage ; or that there was any thing 
in the form, complexion, or intellect of the African negro, 
which should divest him of his natural rights, were proposi- 
tions in the abstract, too absurd to find an advocate. Not- 
withstanding the principles on which involuntary, perpetual 
slavery is bottomed, are palpably false, the fact of its exist- 
ence beyond the period of human research, cannot be denied. 
War has been coeval with the existence of the human race. 
One of its first maxims was, that each belligerent had a 
right to take the life of his enemy, and this, it was claimed, 
included all other modes of disposing of his person, when 
in the power of the victor, of a less severe nature. Hence 
it became a universal principle of ancient warfare, that the 
conquerors had a right to subject the vanquished to death, 
or perpetual slavery. The interest of the victors, enforced 
by the supplications of their prisoners, generally led to the 
latter mode of disposing of their persons. The purchaser^ 
when the prisoner was sold, was supposed to have obtained 
all the right of the original captor, and to have the absolute 
power of life and death, over the slave and his posterity. 
When the humane principle, that the lives of prisoners 
were to be preserved as the subject of exchange, or restora-. 
tion at the close of the war, came to be introduced into the 
modern belligerent system, the original ground of slaver}' 



1820. 



OF THE UNITED STATES. 181 



ceased. But th« satisfaction afforded to the slave-holder, of 
having a number of the human race subject to his uncon- 
trolled will, and the profits derived from slave labor, were 
too great readily to be given up. 

About the same period, there was discovered along the 
western coast of Africa, a poor degraded species of human 
bemgs, just fitted, in the opinion of more enlightened na- 
tions, to the purposes of slavery. The idea was first intro- 
duced by the Jesuits, sent out to christianize the Indians of 
the Spamsh American provLnces. The Spaniards, not con- 
tent with robbmg the Indians of their possessions, com- 
pelled them to perform the labor of the soil, and of the 
mines. The Jesuits found this to be a great obstruction to 
their missions. The untutored Indian was able to discover 
the incongruity of the practice of the Spaniards, with the 
principles inculcated by their spiritual teachers. To rescue 
the Indians from slavery, the Jesuits directed the attention 
ot the Spaniards to the coast of Africa ; and thousands of 
the tenants of that region, were hunted out, caught, and 
tj-ansported to America, and doomed to perpetual servitude. 
According to the reasoning of the Jesuits, two important 
and benevolent objects were answered by this measure : 
one, that it left the native Indians free to receive their in- 
structions ; the other, that it transplanted from the abodes 
ot paganism, to a Christian land, a portion of the human 
race, who must otherwise have perished without hearing the 
joytul news they were commissioned to publish. If by 
these means, a few, or only a single individual, should per- 
chance obtain eternal salvation, the evils of slavery would 
30 overbalanced by the greater good. 

These reasonings effectually quieted the consciences of 
Christian slave-holders, so that the most scrupulous could 
purchase and hold as many as his pride or avarice required. 
When other nations had obtained possessions in America, 
they found it necessary, in order to compete with the Span- 
lards, to have resort to slave labor. In this manner, slaveiy 
became established throughout the whole of the European 
lTfT'"'^"'^TV ^"^ ^^^ ^^^«t of Africa became a 
Sfnfj^P'"'^ ^"^ slaughter, by means of its inhabitants 
making war upon each other, to obtain prisoners to sell to 
European s ave-traders. This traffic in all its horrorsfand 
^ayerym all Its odious characteristics, existed in the nevv 

rr^l^"^'^'?''^f ?°"^^^^ ^S^ «f it« discovery, until thi 

commencement of the American revolution, a^ period of 

siearly three centuries. At the same time, the piratical 

16 



182 HISTORICAL SKETCHES CH. I\. 

states of Barbary, as if to give the Christians of Europe 
and America a convincing proof of the practical effects of 
their system, made slaves . f all the subjects of Christian 
powers, on whom they could lay their hands. No differ- 
ence existed in the two systems, except that the African 
barbarians did not attempt to justify theirs by any false or 
hypocritical reasonings. 

Abolition of slavery in the north. The discussions on 
the subject of the rights of man, to which the American re- 
volution gave rise, necessarily connected themselves with 
the question of African slavery. The picture of an Ameri- 
can patriot, signing a declaration that all men were born 
free and with equal rights, with one hand, and brandishing 
a whip over the head of a slave with the other, appeared 
too glaringly incongruous, not to be noticed. The states 
north of Maryland, early took measures for the gradual abo- 
lition of slavery, and have happily effected the object : 
and the place of slaves in the field, has long since been sup- 
plied by a hardy and industrious race of laborers, who com- 
pose much of the physical strength of the country, and on 
whom reliance can always be placed for its defense. The 
opinion that land could not be successfully cultivated with- 
out the aid of slave labor, has been proved to be altogether 
unfounded : and the extinction of slavery is always enume- 
rated by the citizens of the north, as one of the happy 
effects of the revolution. 

Slavery continued in the south. In the states south of 
Pennsylvania, slaves were much more numerous than at the 
north. The extensive plantations in that section were ge- 
nerally cultivated by them. The white population consi- 
dered field labor as disgraceful, and fit only for slaves. It 
was also said that the constitutions of the white people 
vi^ould not bear the fatigue in the warm and enervating cli- 
mate of the south, and if slavery must be given up, most of 
the rich country of the south must be abandoned for the want 
of hands to cultivate it. Considerations of this nature re- 
conciled the inhabitants of the south to the continuance of 
slavery among them. It deserves, however, the serious 
consideration of the southern planter, whether by adopting 
the modern improvements in the implements of husbandry, 
and a more extended use of horse and ox labor, crops may 
not be raised with as little expense, and their plantations 
made equally profitable without, as they are now with slave 
labor. Until the agitation of the Missouri question, no dis- 
position had eyer appeared in the slave-holding states to ex- 



1820, OF THE UNITED STATES. 183 

tend the principle. In 1784, Virginia ceded the territory 
northwest of the Ohio, now comprising- the states of Ohio, 
Indiana, and Illinois, to the United - tates ; and in forming 
a system for the territorial g-overnment of that country in 
1787, she was the first to propose as one of its irrevocable 
articles, the perpetual exclusion of slavery. In farming the 
constitution of the United StatAS ai the same period, the 
subject of African slavery gave rise to some of the most deli- 
cate and difficult questions which occupied the attention of 
the convention. A general power to regulate commerce 
with foreign nations, and among the sevrai states, con- 
tained in the eighth section of the iirst article, unquestiona- 
bly gave congress authority to prohibit the importation of 
slaves altogether, or to lay proh:bitory duties on them, and 
to forbid the selling of them from one state to another. 
The states of South Carolina and Georgia refused to accede 
to the constitution, unless congress weie prohibited from 
exercising these prohibitory powers for twenty years, and 
from laying a higher duty than ten do'lars v. head on their 
importation. At the expiration of this neiiod, which took 
place in 1808, the philanthropists of Gre^t Britain, in oppo- 
sition to the powerful interepts of the Wesi. India planters, 
and the great commercial capita! engaged m the traffic, had 
nearly succeeded in abolishing tiie sh^e trade in that na- 
tion. The discussions which took place in the British par- 
liament upon this subject, brought to light such scenes of 
cruelty and murder in their most shocking forms, practiced 
in kidnapping and transporting these unhappy beings from 
the place of their abode to that of their servitude, as induced 
a general detestation of the traffic. As soon as congress 
possessed the constitTitioual power, they passed a law pro- 
hibiting the importation of slaves, and inflicting heavy pe- 
nalties on their citizens for being in any wise concerned in 
the traffic. The pubi'c sentiment against slavery and 
against the trade, from that period, has been rapidly ad- 
vancing both in Europe and America. This subject more 
distinctly marked the northern and southern sections of the 
union, than any other. At the time of its agitation in rela- 
tion to Missouri, the union consisted often slave-holding 
and twelve non-slave-holding states ; the former containing 
a population, omitting fractions, of three millions of free ci- 
tizens, and one million five hundred thousand slaves, with 
eighty members in the house of reoresentatives ; the latter 
of five millions two hundred and sixty thousand citizens, 
with one hundred and five members. 



184 HISTORICAL SKETCHES CH. IX. 

Arguments in favor of slavery. The proposed new 
state lying without the limit of the original union, and in 
such a northern latitude as to preclude the plea of neces- 
sity for slave labor arising from the enervating nature of a 
southern climate ; the policy, expediency, and moral fitness 
of the further extension of slavery, fairly presented them- 
selves to the consideration of congress, and every topic in 
any measure connected with the subject, underwent a tho- 
rough discussion. The gentlemen from the south contended 
that this was entirely a matter of state regulation. That 
the constitution found a large portion of the United States 
in possession of slaves, that it left them so, without allow- 
ing congress to intermeddle in any other manner than to 
prohibit their further importation after a gi ven period. That 
no such powers as are now claimed to be exercised towards 
Missouri, have ever been attempted in relation to the origi- 
nal states. They are willing, they say, that their sections 
of the country should bear all the odium, the evils, and the 
immorality attached to the slave system. Their slave po- 
pulation they contend are as happy, as contented, and fare 
as well as the laboring classes of community in any country. 
Few of them would be willing, could the question be fairly 
presented to their consideration, to exchange conditions 
with the half-starved, laboring population of Great Britain 
and Ireland. Admitting slavery to have been an evil in its 
origin, it has now become so interwoven with the system 
of things in the south, that it w^ould be a still greater evil 
to attempt its abolition. Admitting Missouri into the union, 
will not, they claim, operate to increase the number of slaves ; 
but merely to diffuse those already existing over a greater 
portion of territory much to their comfort and happiness. 
As the further importation of slaves is prohibited, none can 
exist in the United States except those who are now therein 
and their posterity ; and they must continue to be slaves, 
unless congress are prepared to violate the most sacred right 
of property by their emancipation, whether confined to the 
original slave-holding states or extended over the regions 
of the west. The principles of philanthropy and benevo- 
lence, so much insisted on, are opposed to the restriction. 
Independent of these considerations, there were others 
that were by no means to be laid out of the account. The 
citizens now inhabiting that territory have purchased their 
lands under the reasonable expectation of cultivating them 
by slave labor ; to deprive them of that privilege would be 
the diminishing of the value of their purchases without their 



1820. OF THE UNITED STATES. 185 

consent, and an arbitrary act of injustice. It would 
preclude the inhabitants of the slave-holding states from 
purchasing-, and removing to the west, as they could 
not carry with them their slaves, and knew no other 
mode of cultivating their lands. The restriction, they 
contended, by excluding slave-holders from the market of 
public lands and preventing their being cultivated by slave 
labor, would reduce their value one half, and in the end 
occasion a loss to the United States estimated at one hun- 
dred million of dollars. But whatever the opinion of mem- 
bers might have been, if the question was open to discussion 
on its original merits, they contended that, by the treaty 
ceding Louisiana to the United States embracing this terri- 
tory, congress were absolutely prohibited from imposing this 
restriction. The clause relied on is in these words : " The 
inhabitants of the ceded territory, shall be incorporated in- 
to the union of the United States, and admitted as soon as 
possible according to the principles of the federal constitu- 
tion, to tlie enjoyment of all the rights, advantages, and 
imnnmities of citizens of the United States." One impor- 
tant right enjoyed by all the states, except where it has 
been relinquished by voluntary compact, is that of legisla- 
ting on this subject as they think proper. 

Arguments against it. These arguments were met 
and combated with great force by gentlemen north and 
west of the line of separation. By the disputants on 
both sides, the decision of this question was considered 
as establishing a precedent which must govern all fu- 
ture cases, and in that view was deemed of the first 
importance. As an original question, it was contended 
that the right of holding a portion of the human race 
in perpetual bondage, would not bear 'an argument. No 
illustration was necessary to prove the absurdity -end 
wickedness of the pretension. It was now proposed to ex- 
tend the evil over a territory of greater dimensions than the 
original United States, and over unborn millions of the 
human family. No person, convinced of the injustice and 
immorality of the practice in its origin, could be accessory 
to this extension without a flagrant violation of his duty as 
a citizen or a legislator. In addition to the moral conside- 
rations, there were political and economical ones which 
ought to be decisive. The constitution was a matter ol 
compromise between the slave-holding, and the non-slave- 
holding states, giving to the former a representation in con- 
gress, and a voice in the election of a chief magietrate- 
16* 



186 HISTORICAL SKETCHES CH. TS, 

for three fifths of this population, the only consideration 
for which was that direct taxes, when necessary to be re- 
sorted to, should be assessed in the same ratio. The state 
of the finances in time of peace not requiring- this aid, the 
non-slave-holding states were subject to the inconveniences, 
without enjoying the benefits expected from the compro^- 
mise ; and a further extension of the principle operated to 
increase and perpetuate this inequality. 

Where slave labor is principally relied on, the militia are 
tew and feeble, and their services required to overawe and 
keep in subjection the slaves. The nation must be protected 
by the militia of the non-slave-holding states. 

It was further urged, that permitting slaves on the border 
settlements led to a connection between them and the 
Indians, hazardous to the frontier. The recent Seminole 
war had its origin in this connection. Former masters 
were generally the first victims of the united vengeance of 
the fugitive slave, and the dispossessed Indian. In reply 
to the argument, that permitting slavery to exist in Missouri 
would not increase their numbers, it was said, that in a 
country so extensive, and so sparsely settled, smugglings 
slaves from abroad could not be prevented. Wherever 
there was a market opened, these wretched victims would 
be found to supply it. To meet the continually increasing 
demands of the west, slaves would be raised, and purchased 
in the Atlantic states, and transported in droves with little 
less cruelty than attends their passage across the Atlantic. 
It was often insinuated, that the prospect of this gainful 
traffic was among the most powerful arguments against the 
restriction. Such a scene of internal trade in human flesh, 
it was said, would disgrace any country ; much less ought 
it to be permitted in one which boasts of being the only free 
and happy country on earth. 

In answer to the objections arising out of the Louisiana 
treaty, it was said, that slavery was already abolished in a 
majority of the states ; it was not, therefore, one of the 
federal rights common to all, contemplated by the treaty. 
In the three new states northwest of the Ohio, slavery was 
expressly excluded by compact. No treaty could bind con- 
gress to perpetuate a practice wrong in itself The pro- 
posed restriction allowed the present inhabitants the benefit 
of all the slaves they might own at the time of passing the 
hill, and only provided against the further extension of 
slavery where it did not then exist. In point of fact, it 
vas contended, that in every instance except in the case of 



1820. OF THE UjVited states. 187 

Vermont, where congress had exercised the power of ad- 
mitting new states into the union, they had annexed certain 
conditions or restrictions to such admission. This was 
only a proposition to the citizens of Missouri, situated with- 
out the hmits of the original parties to the federal compact 
which they were free to accept or reject. They might re- 
fuse it, and remain in their colonial state, subject to such 
regulations as congress might establish. In the senate, on 
the final question on Mr. Roberts' amendment, the votes 
were, in favor of the proposed restriction sixteen, and 
against it twenty-seven ; all the members of the slave-hold 
mg states, and Mr. Parrot from New Hampshire, Hunter 
trom Rhode Island, Lanman from Connecticut, Palmer from 
Vermont, Vandyke from Delaware, and Edwards and Tho- 
mas from Illinois, voting in the negative. 
• This subject lingered in debate from the commencement 
until nearly the close of a long session, fn the mean time,^ 
the proposed state of Maine became impatient of her un 
fortunate connection with Missouri ; and earnestly solicited 
congress that the two cases might be separated. Her re 
presentatives were the more urgent on this subject, as the 
proceedmgs of the legislature of Massachusetts relative to 
her becoming a separate state, were bottomed upon the con- 
4!u°"r.°X , ^^^"^ admitted into the union previous to the 
4th of March, 1820. As that period drew nigh, they made 
a spirited representation to congress, requiring a decision 
upon their apphcation, disentangled from the Missouri 
question. The anti-restrictionists, apprehending their case 
to be hopeless, without the influence of this connection, re- 
tused a separate consideration ; in consequence of which 
the senators and representatives of the district of Maine in 
the Massachusetts legislature, applied to that body for a re 
peal of the condition limiting the time for their admission 
into the union. 

The compromise. At length, after the speakers had ex- 
hausted all their eloquence, and congress and the public all 
their patience upon the subject, the following compromise 
was proposed, that slavery should be allowed in Missouri, 
and m all the territory south of thirty-six degrees and thirty 
minutes north latittude, being the latitude of the southern 
boundary of Missouri, and about as far north as upon an 
average slavery IS tolerated in the original states ; and pro^ 
hibited m all the territory northerly and westerly of those 
limits. On the territory exclusive of Missouri, where it 
was permitted, there were a few inhabitants who might be 



188 HISTORICAL SKETCHES CH. IX. 

affected by a decision of the question ; on that where it was 
prohibited, there were none. After considerable discussion, 
and without much other reason than an ardent desire to 
bring the subject to a close, the compromise was agreed to 
in the house of representatives, ayes ninety, noes eighty- 
seven, and an act passed agreeable thereto. 

" In this contest of principle, the victory was altogether on 
the side of the slave-holding states, yielded indeed with 
great reluctance, only in the spirit of forbearance. Slavery 
was admitted in every region where there were people who 
wanted it, and prohibited only where there were none ; and 
this prohibition subject to the future legislation of congress, 
whenever the territory should be inhabited, and its citizens 
apply for admission into the union. 

Excitement on the occasion. The agitation of this 
question occasioned great excitement, and many things were 
done, which, after the fervor had subsided, were universally 
condemned. The slave-holding states considered the mea- 
sure as an assumption of power, not warranted by the con- 
stitution, dangerous in principle, and in effect leading to an 
abolition of slavery, and a destruction of that species of 
property. Resolutions were passed in some of the legisla- 
tures, denouncing the measure in unqualified terms, recom- 
mending to the inhabitants of Missouri to reject the condi- 
tion, should it pass congress, and giving them assurances of 
support in such an event. These apprehensions of the ci- 
tizens of the south on this subject, were not well founded. 
However much the non-slave-holding states may hold the 
subject in abhorrence; whatever moral or political evil;- 
may be attached to the practice, as between the original 
parties to the federal compact, it is exclusively a subject ot 
state legislation. Except in the single instance of prohi- 
biting the traffic in slaves between the United States and 
Africa, the general government have no powers to interfere : 
and for the peace of the nation, it is hoped that few occasionh 
will occur of agitating any question relating to the subject. 
None of the guilt, and few of the evils resulting from tht- 
measure, can attach themselves to the people of the non- 
slave-holding states. 

Proceedings at Savannah. A singular instance of the ex- 
treme sensibility of the people of the south on this subject. 
occurred at Savannah. 

In January, 1820, while the Missouri question was labor- 
ing in congress, a destructive fire desolated that city, and re- 
duced many of its inhabitants from affluence to a state of 



1820. OF THE UNITED STATES. 189 

absolute want. An affecting appeal was made by the city 
authorities, in behalf of the sulferers, to the humanity of 
their fellow-citizens, throughout the United States, and was 
responded to by liberal contributions in their behalf. In the^ 
city of New York, ten thousand dollars in money, and nearly 
an equal sum in provisions and clothing was collected and 
transmitted, with a request that it might be applied " to the 
relief of indigent persons, sufferers by the late fire, without 
distinction ^ color, who are dependent on their own indus- 
try for support." The magistracy of Savannah refused to 
accept the donation, and rer.urned it to the donors, remark- 
ing that they would not accept it with the condition annexed ; 
that " it was calculated to awaken, and put forth impres- 
sions, not only dangerous to the tranquillity of that section 
of the union, but in reference to the humanity of the citi- 
zens of Savannah grossly injurious, arJ palpably incorrect : 
that it was throwing among them the tire-brand of discord, 
and if persevered in, would shake to its foundation the beau- 
tiful fabric of liberty, and jeopardize the federal unity of the 
republic." Their letter concluded with some general re- 
marks unwarrantable by the occasion, \nd altogether incon- 
sistent with the rules of civility, and the respect due to the 
generous contributors, "Traitors and demagogues," saythey,, 
'* who only seek their own aggrandizement, may be per- 
mitted to smile amidst the havoc th ir unprincipled ambition 
may create ; but that a true hearted American, devoted as 
he ought to be to the happiness and best interests of his 
country, should, under any metaphysical notions of abstract 
human rights, place in danger the union of these states, of- 
fering, as they do, the last and only rampart on earth against 
the inroads and aggressions of tyranny, is an impiety, mad- 
ness, and folly, without the apology of any reason or motive. 
It is a moral malady, for which there can be no remedy ; an 
infatuation, no analogies of the mind can explain." The 
rejected donation was applied to the relief of the indigent 
citizens of New York, without distinction of color, and Mr. 
Golden, in behalf of the donors, expressed their surprise and 
regret, that a wish, intimating the objects to which their 
charity should be applied, should have excited such a train 
of reflections as appeared in the letter. Any reference, the 
most remote, to the subject in agitation between the different 
sections of the union, or any sentiments other than those of 
sorrow and sympathy for their calamity, were disclaimed. 
The publication of this correspondence, put an end to all 



190 HISTORICAL SKETCHES CII. IX. 

further donations in the north, and prevented some, which 
had already been collected, from being transmitted to the 
sufferers. 

About the same time, the American insurance company, 
of Philadelphia, in answer to an application from a gentle- 
man in Savannah, to insure his house and furniture against 
fire, informed him " that they declined making insurances in 
any of the slave states." This letter, published in the news- 
papers of the south, did much to keep up the irritation. In 
the non-slave-holding states, the legislative bodies, and as- 
semblages of the citizens in various circles, expressed their 
full conviction of the constitutional right of congress to pro- 
hibit the further extensicm of slavery, and the high impor- 
tance, and absolute necessity of the measure, to the well 
being of the country. 

Tariff. The tariff of 1816, had by no means given the 
desired encouragement to American manufactures. They 
were still unable to compete with the British, in the home 
market. England had indeed succeeded in preventing Bo- 
naparte from forcing the continental system on Europe. But 
on the return of peace, the nations of the continent volunta- 
rily adopted the principles of that system, and excluded, from 
their markets, every article of forei n growth or manufac- 
ture, which their own connlry was capable of producing. 
No nation ever thought of a^dopting a principle, which seems 
to be of modern discovery among some political economists 
of America, that of encouraging f )reign trade at the expense 
of domestic production. Neither Great Britain or any other 
power, however zealous to promote their commerce, makes 
the least sacrifice of national industry to that object. Bri- 
tish manufactures still continued to de excluded from 
the continental markets, wherever a domestic production 
could supply their place, and to be thrown into the United 
States, in quantities far beyond the wants or abilities of the 
people, and at such rates as to destroy domestic competition. 
Petitions from the manufacturing interest were numerous, 
and urgent, presenting to congress a very unpropitious view 
of its condition. 

Subjects ofcommerce andmanufactures referred to differ- 
ent committees. In the house of representatives, the subjects 
of commerce and manufactures had heretofore been united- 
ly referred to the same committee : at this session they were 
separated, and the manufacturing interest referred to a com- 
mittee charged with that subject alone. The speaker, him- 
self, a distinguished advocate of manufactures, placed at thf 



1820. OF THE UNITED STATES. 191 

head of this committee, Mr. Baldwin, of Pittsburgh, an able 
and eloquent supporter of the interests of this class of citi- 
zens. The district represented by Mr. Baldwin, was one 
of the most manufacturing' sections of the union. Pitts- 
burgh, built on the forks of the Allegany and Moiiongahela 
rivers, which furnish the means of communication with an 
extensive and rich country, separated from the sea-board by 
a ridge of high mountains, at a distance of three hundred 
miles, and furnished with an inexhaustible bed of coal in its 
vicinity, enjoys manufacturing advantages superior to almost 
any other portion of the union Its citizens early perceived 
and brought into operation these facilities. During the war 
of 1812, its growth was rapid, and its manufacturing esta- 
blishments prosperous. At it s close, the inundation of British 
goods depressed all, and ruined many of the most valuable 
ones. On this occasion the electors of this district, unin- 
fluenced by party feelings, or the arts of aspiring dema- 
gogues, selected one of their most able and intelligent citi- 
zens to support their claims. He had the Herculean task 
to meet and combat the various other interests which were 
supposed to conflict with this, supported by the talents of 
their respective advocates. 

Report of the committee of manufactures. The com- 
mittee reported three bills designed to give farther encour- 
agement to American manufactures : One, 

A revision of the tariff, with a view of imposing such du- 
ties on foreign manufactures as should give a decided advan- 
tage to the domestic : Second, 

An act abolishing credit for duties on imported manufac- 
tures : Third, 

A heavy duty on auction sales of foreign manufactured 
goods. 

Tariff bill. These subjects next in importance to the 
Missouri question, occupied much of the attention of con- 
gress. In the discussion of the tariff bill, the same general 
course of reasoning, and the same diversity of sentiment 
between the mercantile interest of the north, united with 
the planters of the south on the one hand, and the manu- 
facturing and agricultural interests of the northern, middle, 
and western states on the other, as took place in 1816, again 
appeared, together with some additional considerations in 
favor of the manufacturing concerns. Experience had now 
demonstrated that these establishments could not exist 
without further encouragement. Both skill and material 
were now improved, and with reasonable support, the de- 



192 HISTORICAL SKETCHES CH. IX. 

mand in many articles might be well supplied from domestic 
sources. In the house of representatives, the tariff bill re- 
ported by the committee, passed with some alterations — 
ayes 90, noes 69. In the senate it was postponed to the 
next session — ayes 22, noes 21, 

Bill for abolishing credits. In favor of abolishing" the 
systems of giving credit for duties on importations, it was 
urged, that it was a novel practice, not adopted by any other 
nation ; and allowed here, in the first instance, only on ac- 
count of the exhausted state of the country, and the want 
of capital. That these reasons no longer existed. That 
it was now taken advantage of by foreigners, to inun- 
date the country with their manufactures, make quick 
sales, and with the very capital which this credit for duties 
enabled them to collect from the consumer, to renew their 
importations. That much revenue, although paid by the citi- 
zens in the enhanced price of the goods, never reached the 
treasury in consequence of the bankruptcy of this descrip- 
tion of traders. From the treasury report it appeared, that 
about one-fifth of the amount of a year's revenue, or up- 
wards of four milliions of dollars was in suit, a considera- 
ble portion of which would ultimately be lost. It was 
urged that the United States ought to profit by the uniform 
experience of the commercial nations of Europe, who had 
found that the best, most effectual, and least expensive mode 
of collecting their imposts, was to store the goods in govern- 
ment warehouses until the duties were paid. On the final 
question on the bill, it was negatived, ayes 55, noes 91. 

Auction bill. On the the subject of auctions, it was said, 
they were ruinous to the regular trader. The goods sold 
were generally of an inferior quality, though of a high 
polish, made for the purpose of sale without close examina- 
tion. The auction rooms were generally supplied by foreign- 
ers, who took this method to throw into the country great 
quantities of cheap deceptive goods, to the prejudice of sub- 
stantial American fabrics. A bill laying a duty of one per 
cent, on sales at auction of groceries, and goods of that 
nature, and five per cent, on foreign manufactures, passed 
the house of repesentatives, ayes 89, noes 61. In conse- 
quence of the vote of the senate, postponing the tariff bill, 
this vote was afterwards re-considered ; the auction bill being 
a part of the same system, the whole subject was referred 
to the next session, 

French tonnage duty. On the principle of allowing a 
fair competition to navigation, congress had passed a law 
at a former session, abolishing the discriminating tonnage 



^820. OF THE UNITED STATES. 193 

duties, in relation to the vessels of all nations, which should 
adopt similar regulations in regard to American shipping. 
The measure was generally approved by foreign powers ; 
but the French, desirous of securing to their navigation 
the transportation of the heavy articles of cotton, tobacco, 
and other productions of the United States, laid a prohibito- 
ry tonnage duty on American shipping in their ports. At 
this session, congress met this regulation by a counter duty 
of eighteen dollars a ton on French vessels visiting Ameri- 
can ports, annexing a provision to the act, that it should 
cease whenever the French government should repeal their 
obnoxious decree. 

West India trade bill. The executive having failed to 
obtain any relaxation of the colonial system from the Bri- 
tish government, congress passed an act, closing their ports 
against all British vessels coming from their American pos- 
sessions, and prohibiting any British vessels from transport- 
ing the productions of the United States to those colonies ; 
and also forbidding the importation, on any terms, of any 
articles from those colonies, which were not the production 
of the place whence shipped. The object of this commer- 
cial war, was to operate upon the necessities of the British 
West India possessions, in such manner as to induce their 
government to relax their colonial system, in favor of Ame- 
rican navigation. This attempt, like every other to coerce 
the British government to give up a favorite principle by 
hostile legislation, failed. No one maxim of their policy 
6eems to be more firmly established than this, not to be 
driven from a point, by the legislation of other nations, di- 
rected against their commerce. A ministry that should 
suffer their measures to be influenced by such considera- 
tions, must prepare to quit their posts. 

Nothwithstanding the slave trade was prohibited, under 
severe penalties, the temptation overcame the hazard of de- 
tection, and American citizens still continued to engage in 
it, in considerable numbers. The British and American 
governments were united in their views of the iniquity of 
this traffic, and in their wishes to prevent it. A variety of 
negotiations took place, in order to produce a union of ex- 
ertions for this object. The proposition on the part of 
Great Britain was, that there should be a mutual right of 
search allowed, for this purpose only : that principle, how- 
ever, in the abstract, and in every shape, being what the 
American government had always contended against, could 
not be acceded to : and each took their own measures to 
17 



194 HISTORICAL SKETCHES CH. IX. 

prevent the traffic. Under the provision of the constitution, 
authorizing congress to define and punish piracy, an act 
was passed, extending the definition and the punishment of 
that crime to the slave trade. 

The year 1820 being the period for taking the fourth cen- 
sus, the necessary provisions were made this session, for 
that purpose. In consequence of the very loose and imper- 
fect manner in which former censuses had been taken, the 
enumerators under the present act, were required to make 
personal inquiry of one of the heads of each family, or at 
their dwelling houses, of the number and description of per- 
sons belonging to their respective families, on the first Mon- 
day of August, 1820, distinguishing the number of persons 
engaged in agriculture, commerce, and manufactures, re- 
spectively ; and describing the several manufacturing esta-^ 
blishments, and their productions, within their respective 
districts. 

After a laborious and interesting session, of something 
more than five months, congress adjourned, on the 12th of 
May, to the second Monday in November. The two great 
subjects, which almost exclusively occupied their attention, 
the tariff, and the Missouri question, were both of a sec- 
tional character, and both terminated in conformity to the 
wishes of the souths 



1820. OF THE UNITED STATES 195 



CHAPTER X. 

'ilepuWics of soutUern America— Their importance, extent, situation wliik 
Spanish provinces, as to commerce, religion, political information, inter- 
course—Commencement and progress of the revolution— Their systems of 
government — Neutral policy of the United States— Perilous situation of 
American citizens, taken and sent to Spain— Agents sent by the American 
government to ascertain the progress of the revolution — Their report— 
Their independence recognized— Remonstrance of the Spanish minister- 
Communications of the American to the Europoan governments, on the 
subject— Views of Great Britain, and the other European powers— Presi- 
dent's message on the Subject of European interference — Noticed by the 
English and French journals— Independence recognized by Great Britain 
—Difficulties experienced in settling their internal governments— Proposi- 
tion for a general congress at Panama— United States invited to send 
envoys— Correspondence on the subject— Invitation accepted— Envoys 
nominated— Debates in congress relating to the mission — Meeting of tlit- 
congress at Panama— Their proceedings— Adjournment to Tacuba^ a. 

South America. The situation of the republics of south- 
isrn America, late provinces of Spain, since the com- 
niencement of their struggle for independence, has ever 
been regarded by the government and people of the United 
States, with great anxiety. Few events in the history of 
nations, are of greater importance than that revolution. In 
a political view, it is an extension of the American princi- 
ples of civil government, over a great and growing country. 
It establishes them in the west, beyond a possibility of a 
doubt ; and aifords a fair promise of their ultimate success 
in the eastern hemisphere. It introduces into the family 
of nations seven large and flourishing republics, whose citi- 
zens have hitherto been excluded from the commerce of 
the world, and of whom very little was known, except their 
existence. In a commercial view, it opens a field to engage 
the enterprize, labor, and capital of other nations, the ex- 
tent of which cannot be foreseen. 

Territory. The territory of these republics now extends 
from the forty-second degree of north latitude, to the south- 
ern extremity of the continent, on the parallel of fifty- 
six south, a distance of upwards of six thousand miles, 
and something more than one quarter of the circumfer- 
ence of the globe. Their greatest breadth is about two thou- 
sand miles. They embrace the whole American continent 
south of the southern boundary of the United States, with 



19G HISTORIGAIi SKETCHES CH. X. 

the exception of the empire of Brazil and Surinam. Tht 
number of inhabitants, though not accurately known, is es- 
timated at twenty millions. 

Government under Spain. The Spanish colonial sys- 
tem had been gradually extending itself over this region 
from the discovery of Columbus, at the close of the fifteenth, 
to the commencement of the nineteenth century. In the 
mean time, Spain herself, from being one of the first and 
most powerful monarchies in Europe, had degenerated into 
one of the weakest and most insignificant. Her great ob- 
ject has been, to enrich and aggrandize herself from her 
colonies. The prominent features in the management ot 
her ultra-marine possessions have been, to exclude them 
from all commercial and social intercourse with other na- 
tions ; foreigners found there without the permission of go- 
vernment, were subject to capital punishment ; to draw into 
the national treasury the whole profits of their mines, the 
principal wealth of the country ; and to prohibit the inhabi- 
tants from raising or manufacturing any thing, even for 
their own consumption, which it was convenient for the 
mother country to supply. The colonial department was 
under the superintendence of a board of Spanish grandees, 
denominated the council of Indies, whose edicts, issuing 
from their hall of session in Spain, controlled the affairs of 
the provinces. The executive pov/er, the administration oi 
justice, the collection of the revenue, and their ecclesiasti- 
cal affairs, were conducted by a numerous train of officers, 
natives of old Spain, who could make interest with the 
council of the Indies, to enable them to enrich themselves 
with the spoils of the nev/ world. The country was di- 
vided into numerous vice-royalties, no otherwise connected 
than as subjects of the same oppressive government of the 
parent state. The population was of a mixed character,, 
and of four grades ; natives of old Spain ; persons born in 
the country of Spanish parents ; original inhabitants ; and 
Creoles, the oflTspring of the union of Spaniards with the 
natives. 

The Spanish Roman Catholic creed, in all its bigotry, 
was the established religion, and the only one tolerated in 
the provinces. The governing principle of this system was* 
to keep the people in ignorance of every thing, except what 
the ecclesiastics, under the direction of their supreme pon- 
tiff, should teach. All political and religious discussion was 
not only discouraged, but prohibited. The maxim, that the 
more ignorant the people, the more easily they might be 



1820. OF THE UNITED STATES, 197 

governed, had been practiced upon for four centuries, and. 
at the commencement of the nineteenth, exhibited, with 
many exceptions, a weak and debased population. Not- 
withstanding the efforts of the Spanish authorities to ex- 
clude political information, the revolutions which had taken 
place, the last half century, and the principles upon which 
they were bottomed, became partially known in the pro- 
vinces. Some of their inhabitants had received their edu- 
cation ; others had traveled in the United States and in 
Europe, and returned with principles ill adapted to their 
colonial and depressed state. 

Revolution. In the year 1810, after a series of misfor- 
tunes, the Spanish nation submitted to the yoke of Napo- 
leon, who placed his brother Joseph on the throne. This 
afforded a pretext and a favorable opportunity for a revolu- 
tion in the provinces. It commenced at this period in 
Buenos Ay res, and gradually extended through the whole 
of the Spanish American continent. A civil war was the 
consequence, which continued with various and alternate 
success, until 1826, when it resulted in the expulsion of 
<?very hostile Spaniard from the country ; the parent state, 
at the same time, passing through a series of disastrous re- 
volutions, in every one of which, however, the reigning 
power exerted its utmost efforts to subjugate the colonies. 
The last armament destined for that object, assembled at 
Cadiz in 1819, refused to embark, and joined the patriots df 
their own country, in resisting the despotism of Ferdinand. 
During the last short period that the cortes exercised the 
sovereignty of Spain, they appeared equally indisposed to 
the independence of America. Their scheme was to govern 
it in a milder and more palateable manner, by admitting a 
representation from the colonies to a general cortes, which 
was to be considered as the supreme authority of both 
tSpains. But as this assembly v/as to hold its sessions in 
old Spain, whose representation would be more than double 
that of new, the latter immediately perceived that the pro- 
position was delusive, and of no practical benefit to them, 
and rejected the measure. The cortes, in February, 1822, 
published a declaration, announcing to all other governments 
that any recognition of the independence of their ultra-ma- 
rine provinces would be viewed as an act of hostility 
against Spain, who had relinquished none of her claims 
upon them. The province of Buenos Ayres, which has 
since assumed the name of the Argentine republic, declared 
itself independent in 1816. The other provinces, at differ- 
17^- 



198 HISTORICAL SKETCHES CH. X, 

ent periods since that time, have followed the example ; and 
Spanish America now consists of seven distinct republics, 
independent of their parent state, and of each other.=* 
The fifteen years war carried on by them with the mother 
country, while progressing from a colonial to an independent 
state, was without a general concert or union under a fede- 
ral head ; each republic raising, organizing, and paying 
their respective troops, in such numbers and manner as 
they thought proper; and employing them, for the most 
part, in defending their own territory, but occasionally as- 
sisting their neighbors. 

Systems of government. The systems of government 
framed during this revolutionary period, were imperfect 
imitations of the American constitutions, resembling the 
originals in the distribution of the powers of government, 
and in the appointment of the public functionaries. Perpetual 
slavery was prohibited. They all had one great and radi- 
cal defect, evincing the low state of political and religious 
knowledge, and the influence of a bigoted hierarchy ; the 
Roman Catholic religion was declared to be the only true 
system of faith, and ordained as such by their constitutions, 
to the exclusion of all others. The most that men of liberal 
minds could obtain on this head was, that it should be di- 
vested of some of the rigors of the Spanish inquisition, and 
that the other sects should be partially tolerated. This pe- 
riod of their history exhibits several melancholy instance? 
of internal commotion, attended with bloodshed, when not. 
under immediate pressure from a foreign enemy. At times 
they had recourse to the appointment of a dictator, with 
temporary despotic powers. Simon Bolivar, the most pro- 
minent character during the later periods of the revolution, 
has occasionally been vested with supreme power by several 
of the republics. They style him the Washington of the 
south ; it yet remains, however, to be determined by his fu- 
ture conduct, to what extent, and in what respects, he re- 
sembles the great prototype. 

Policy of the United States towards them. In every 
stage of this contest, the efforts of the patriots have been se- 
conded by the ardent wishes of the American people, while 
the policy adopted by the government was that of a rigid 
neutrality. No political connections were formed with 



* Buenos Ayies, Colombia, and Mexico, on the Atlantic ; Chili, Peru, and 
Bolivia, on the Pacific ; and Central America bounded on both oceans. 



1820. OP THE UNITED STATES. 199 

either belligerent ; no commercial privileges accorded to one, 
without making them immediately common to both. The 
laws of the United States prohibited their citizens from 
joining the armies, or committing hostilities upon either. 
This was an extension of the principles of neutrality much 
beyond the customary national law of Europe, arising from 
the fixed determination of the governments to preserve, if 
possible, peace with all the world. The powers of Europe, 
not only permit, but encourage their subjects to enlist in 
the armies of foreign belligerents, and often hire out their 
troops for that purpose. 

American prisoners in Spain. Notwithstanding the pro- 
visions of the American code, citizens of the United States, 
in considerable numbers, joined the patriots. Hopes of 
gain, and an expectation of acquiring fame and distinction 
overcame the feeble barriers of law, and led these adven- 
turers to compromit the peace of their country, and expose 
themselves to every hazard. In the course of the contest, 
numbers of them had been taken by the royalists, conveyed 
to Spain, and there confined in dungeons, to await the de- 
cision of the Spanish government on their cases. The treats 
ment to which these persons had subjected themselves, does 
not appear to be distinctly defined by international law. 
The powers of Europe have generally treated prisoners of 
this description with no greater severity than ordinary priso- 
ners of war. Bonaparte, in his zeal to destroy the British 
naval power, decreed that all Americans found in arms on 
board a British ship, though by compulsion, should be put 
to death. It is not known, however, that this sanguinary 
decree was ever executed. General Jackson, carrying thf 
principle still further, in the case of the two Englishmen 
found among the Seminoles, declared them to be out laws 
and priates, and put them to death. Although these were 
considered, not as precedents, but manifest violations of na- 
tional law, yet in no case could prisoners of this descrip.. 
tion claim any immunities superior to those with whom 
they were associated in the war. The Spanish government 
considered the inhabitants of their revolted colonies in 
arms, as rebels, guilty of high treason, and subject to capital 
punishment ; and adventurers of other nations, who had vo- 
luntarily joined them, having no wrongs of their own to 
a^renge, as still more criminal. Under these circumstances, 
the case of the American captives in the prisons of Spain 
was hopeless. Having joined one of the belligerents, in vio- 
Jation of the laws of their own country, and hazarded its 



.';iOO HISTORICAL SKETCHES CH. X. 

peace, their g-overnment was not bound to interfere in their 
behalf. The voice of humanity, however, pleaded strongly in 
favor of these deluded citizens, and the American minister 
was directed to urge their release. The new order of things 
happening in Spain at this juncture, saved them. One ol* 
the first acts of the government under the cortes was to or- 
der a discharge of all prisoners confined on account of their 
political conduct ; and in the same spirit of liberality, the 
Spanish minister, in answer to Mr. Forsyth's apphcation, 
transmitted him an order for the release of the American 
captives ; and the consuls, at the different ports, furnished 
them with the means of returning lothe United States. 

Mission of Messrs. Bayard, Graham, and Forbes. 
Soon after the accession of Mr. Monroe to the presidency, 
he commissioned Messrs. Bayard. Graham, and Forbes, 
three American citizens, of distinguished character and in- 
telligence, with instructions to visit the southern republics, 
to express to them the cordial good feelings of their breth- 
ren of the north, and to learn their military force, strength, 
resources, moral and political condition, and the probability 
of their ultimate success. These commissioners visited the 
several states to which they were directed, and were cor- 
dially received, and assisted in their researches. Messrs. 
Bayard and Graham returned to the United States. Their 
report placed the question of the final emancipation of the 
colonies beyond a doubt. The feeble and exhausted effort.'^: 
of Spain could no longer maintain the contest, with any 
hope of a favorable issue. The view which the commis- 
sioners gave of their state of society was more unfavorable, 
and rendered the question of their capacity for self-govern- 
ment, on the principles of republican freedom, extremely 
doubtful. The forms of government, however, which eithei- 
chance or choice might give them, could have no eifect or* 
the question of their recognition. At what period they were 
to be admitted into the family of nations, as independent 
states, and when this could be done without departing from 
a neutral course, and giving just cause of offense to Spain, 
were questions of great delicacy. On this subject the feel- 
ings of the people and of congress were much in advance of 
the executive. In January, 1818, amotion was made in the 
house of representatives,to introduce into an appropriation bill 
a sum for the support of a minister at Buenos Ayres, when- 
ever the president should deem it expedient to appoint one. 
This motion afforded an opportunity, which was eagerly 
seized upon by most of the congressional orators, for a dis- 



1820. OF THE UNITED STATES. 201 

play of eloquence on the blessings of liberty, the rights of 
man, the privileges of self-government, and the near ap- 
proach of a political millennium, when the despotism of 
crowned heads should cease. After these subjects were ex- 
hausted, the manifest impropriety of making an appropria- 
tion for the support of a public functionary, before the exe- 
cutive had expressed any determination to appoint one, pre- 
vented the measure. 

Recognition of the southern republics. At the first ses- 
sion of the 17th congress, January 30th, 1822, the house of 
representatives passed a resolution, requesting the president 
to communicate to them such information as he possessed, 
in relation to the political state of South America. In an- 
swer to this call, the president, on the 8th of March, trans- 
mitted a report from the secretary of state, containing the 
letters of Mr. Forbes, who had remained at Buenos Ayres, 
as agent of the American government, after the return of 
Messrs. Bayard and Graham, and the communications of the 
agents of the South American republics, to the secretary of 
state ; from which it appeared, that their march to independ- 
ence, though at times impeded by intestine divisions, and 
external force, had been uniformly progressive. That the 
whole of Spanish America, except the islands of Cuba and 
Porto Rico, were in the actual exercise of the powers of so- 
vereignty. That no Spanish force, of any magnitude, existed 
in any of the governments, that none had been sent from 
Old Spain, within the last three years. That the cortes of 
Spain had abandoned the hope of subjugating the colonies 
by force, and were inviting them to unite with the mother 
country on terms of equality ; but that the disposition of 
the inhabitants, as well as the interposition of the Atlantic 
and the Andes, forbid the expectation of such a union. The 
communication closed with a recommendation to acknow- 
ledge their independence, and to make provision for the 
support of such ministers as it might be expedient to send 
to the South American states. The message of the presi- 
dent, with the accompanying documents, were referred to 
the committee of foreign relations, and upon their report, 
the independence of Spanish America was recognized, and 
an appropriation of one hundred thousand dollars made to 
establish a diplomatic intercourse with them. These acts 
passed with but a single dissentient. They produced a 
remonstrance from the Spanish minister at Washington, 
representing the republicans as insurgents and rebels, in a 
state of anarchy, with whom all governments were prohi^ 



*^02 IIISTOmCAL SKETCHES CH. X. 

bited from holding any intercourse. Mr. Adams, in reply, 
in a clear and conclusive manner, proved from incontrover- 
tible facts that they had long been in a state of actual inde- 
pendence ; that the parent state had lost all authority ove 
them, and their recognition could give no just cause of 
offense. 

Views of European governments in relation to South 
America. The president had been desirous that this negotia- 
tion should be accompajnied by similar measures by the 
European governments ; and for that purpose had instructed 
the American envoys at those courts, to press the subject. 
A very different policy actuated those governments, and 
prevented a compliance with the wishes of the American 
executive. Those who had colonies of their own, from 
obvious motives, were hostile to the measure. They had 
every reason to dread the influence of the example. The 
American principles on which the republics of the south, as 
well as the north were based, to wit, that the powers of go- 
vernment emanate from the people, to be exercised for their 
good, and that rulers are mere public agents, responsible to 
their constituents for their conduct, are in direct hostility 
to the maxims of the divine right, hereditary succession, 
and irresponsibility of European monarchy. 

Views of Great Britain. In England the question of 
Spanish American independence, balanced between differ- 
ent national interests. The objection, arising from the effects 
of their example on other colonies, was more powerful with 
her, than with any other ; that one, arising from the conside- 
ration of its influence on legitimacy, and hereditary succes- 
sion, was equally strong. British ministers were reluctant 
to take any measures contrary to the wishes of combined 
Europe. On the other hand, the independence of South 
America opened a new, extensive, and increasing field for 
British commerce and manufactures, in which she had 
already begun to reap a rich harvest. Her ministers ulti- 
mately took a middle course, the offspring of a compromise 
between the interests of the crown and the people. They 
made no objection, but rather encouraged their recognition 
by the American government, opened a commercial inter- 
course with them, received their agents, and treated them 
as friends, but refused publicly to acknowledge their inde- 
pendence. 

The ministers of Ferdinand applied to the holy alliance, 
soliciting their aid in subjugating his rebelUous colonies, 
offering extensive commercial privileges as the price of their 



1820. OF THE UNITED STATES. 203 

interference. The allied sovereigns were strongly inclined 
to this measure, and were detlrred from it only bv th^ 

ine caDinet ot bt. James gave them to understand th-.t 

hey would not see with ildifference, SoutS Amerka 

ffgnpotr.""'" '"^ """'"''""' °f Spain, by thi'rd'c^- 

President's message relating to the southern republics 

etiy behold one half of the American continent ag-ain reduced 

thifi^, "'?'""«? »nd temperate language, his views on 

e ates ^f '"^ '"''•''"='• '" *''^« P"' "^ ">! message which 

uiited StlTfh '"T""'"' ^^ ^^y^' "">« "ti^en^ of the 

of he ifh f T?*" ««"'™ents the most friendly in favor 

other side of'the1^t1"''r'^^T "' l'^''' fellow-me^ on the 

taken any part, nor does it comport with our polLy so to 
menaced tTif ^''^" "" ."^hts are invaded, I seriously 
defense '^" we resent injuries or make preparation fS- 

„«!' ■!^'* *«.™o™n>ents in this hemisphere, we are of np- 
feren?t Thh^ef'","^*" "l."^'' f°^"'' ^^ essentlafly d S 

under Which we W.o^- ?^'' ""^'^ enlightened citizens, 

nationTde v^ed wT^l^^^^^ ^'^''''^^ '^' ^^^^^^ 

the amicaWrrelatinnr!^. T '^ ^^^^^^o^^ to candor, and to 

and those powtf to derW^^ ^""^^^ ^'^''^ 

attempt on th^fr .art t. 1 . ' ^tl "^^ '^^"^^ ^°"«i<^e^ ^^7 
of thi? hem sphe^as dSlT^^^ '' any portioi^ 

With exi^tmT^^i! dangerous to our peace and safety. 

governments who have deelareS/^^ ^."' ''''^'^' 

maintained it, and whose inZf J ^'' independence, and 
considpratmn ^""^"^^^ independence we have, on g-reat 

ew anj mterposition for the purpose of oppressing 



204 HISTORICAL SKETCHES CH. X- 

them, or controlling in any other manner their destinies, 
by any European power, in any other light than as a mani« 
Testation of an unfriendly disposition towards the United 
States. In the war between these new governments and 
Spain, we declared our neutrality, at the time of their re- 
cognition ; and to this we have adhered and shall continue to 
adhere, provided no change shall occur, which, in the judg- 
ment of the competent authorities of this government, shall 
make a corresponding change on the part of the United 
States indispensable to their security. 

"The late events in Spain and Portugal show that Europe 
is still unsettled. Of this important fact, no stronger proof 
can be adduced, than that the allied powers should have 
thought it proper, on any principles satisfactory to them- 
selves, to have interposed, by force, in the internal con- 
cerns of Spain. To what extent such interposition may be 
carried, on the same principle, is a question in which all 
independent powers, whose governments differ from theirs, 
are interested, even those most remote, and surely none 
more so than the United States. Our policy in regard to 
Europe, which was adopted in an early stage of the wars 
which have so long agitated that quarter of the globe, never- 
theless, remains the same ; which is, not to interfere in the 
internal concerns of any of its powers ; to consider the go- 
vernment de facto, as the legitimate government for us ; to 
cultivate friendly relations with it, and to preserve those 
relations, by a frank, firm, and manly policy, meeting, mall 
instances, the just claims of every power, and submitting 
to injuries from none. But in regard to this continent, cir- 
cumstances are eminently and conspicuously different. It 
is impossible that the allied powers should extend their po- 
litical system to any portion of this continent, without en- 
dangering our peace and happiness ; nor can any one believe 
our "southern brethren, if left to themselves, could adopt it 
of their own accord. It is equally impossible, therefore, 
that we should behold such interposition, in any form, with 
indifference. If we look to the comparative strength and 
resources of Spain, and those new governments, and then- 
distance from each other, it must be obvious that she can 
never subdue them. It is still the true policy of the United 
States, to leave the parties to themselves, in the hope that 
other powers will pursue the same course." 

These sentiments were in unison with those of the great 
body of American citizens, and of the advocates of rational 
liberty, in everv part of the world. They fell, liowever. 



1S'20, OF THE UNITED STATES. 20r> 

•something short of the feelings of the most sanguine. They 
were not intended, nor did they fairly imply, an absolute 
pledge, that the nation would, in any event, go to war, to 
maintain the independence of southern America. The time» 
manner, and degree, of opposition to European interference, 
remained a subject of future consideration, unembarrassed 
by any engagements. From the course pursued by the holy 
alliance, with regard to revolutions in Europe, and the inti- 
mations they had given in relation to Spanish America, 
strong apprehensions were entertained, that they would 
unite with Spain, in subduing the republics. This gave rise 
to the discussion of the question, what course, in such an 
event, the honor and interest of the United States would 
require them to pursue. A successful war against the prin- 
ciples of free government, in the south, might lead to an 
-attempt to accomplish the same object in the north. For- 
tunately, this question has been only matter of theory ; the 
American government have never been called upon to de- 
cide it. Those states noticed these declarations with the 
most lively feelings of gratitude and affection. They were 
disposed to consider them as a pledge, that their brethren 
of the north would interpose with their arms, in case any 
European power should attempt to assist in their subjugation . 

The journals in England, speaking the language of the 
people, noticed this message with high encomiums. " The 
communication of the chief office bearer of .that great re- 
public," say they, " to the legislature, at this critical period, 
when the ambition of kings, not satisfied with the calamity 
which it has occasioned in Europe, threatens to rekindle the 
ilames of war in the western hemisphere, was looked for- 
ward to with the utmost anxiety. It is worthy of the occa- 
sion, and of the people destined to occupy so large a space 
in the future history of the world. Its noble and firm, yet 
temperate and pacific tone, seems to have excited universal 
satisfaction. What a contrast between the manly plainness 
of this state paper, and the Machiavelianism and hypocrisy 
of the declarations and manifestoes of the allied sovereio-ns. 
It is interesting, because it is the brief, simple, and direct 
expose of a republican government, always true, plain deal- 
ing, and sincere. It is important, because, fearing nothino-. 
it conceals nothing, and is totally divested of all that trick, 
artifice, and commonplace jargon, which renders the diplo- 
macy of Europe more than nugatory." 

The French presses, under the control, and speaking the 
language of, a despotic government, denounce the message. 
18 



20Q 



HISTORICAL SKETCHES CH. X. 



as the vain-glorious boastings of a temporary officer, clothed 
with a little brief authority, elated with the pride of office, 
assuming to control the destinies of the two Americas, and 
dictating to the great potentates of Europe, the course they 
shall hold in relation to the western continent. To them it 
was matter of astonishment, that a chief magistrate, having 
no hereditary prerogatives, and tenant of office only for a 
short term of years, should dare express a sentiment in re- 
lation to the affairs of Spanish America, which the kings 
and emperors of the eastern continent were disposed to take 
into their keeping, at variance with their views upon the 
subject. 

On this great question, the pep* pie of the civilized world 
had a united interest, and, with one voice, hailed it as an 
auspierons event. Where the governments emanated from 
the people, or partook in any considerable degree of their 
feelings, they acquiesced or rejoiced in the measure, in a 
greater or less proportion, according as popular influence 
more or less prevailed. In hereditary despotisms, where 
the interests and views of the governors and governed were 
at variance, and the former prevailed, a uniform and deter- 
mined hostility to the measure, was always found. 

Republics recognized by Great Britain. In the year 
1824, Great Britain, slowly and cautiously following the 
example of the United States, recognized the republics of 
South America, as independent nations. 

Internal affairs of the republics. What forms of go- 
vernment they may ultimately adopt, and what changes 
they are yet destined to experience, remains a matter of 
doubt and conjecture. The interval between the expulsion 
of a foreign enemy, and the establishment of a regular, per- 
manent government, was found, in the instance of the 
United States, to be one of extreme hazard ; no less so, in- 
deed, than the darkest period of the war. Such an interval 
gives scope for the operation of all the turbulent and danger- 
ous passions of man. Four years have elapsed since the 
last hostile Spaniard quit the southern republics ; as yet, 
their governments are unsettled, internal discord, to a con- 
siderable extent, attended with some bloodshed, has been 
witnessed. No system for the regulation of the general 
concerns of the states, has been devised or adopted.* 

These republics have had difficulties to encounter, which 
were unknown to those of the north. The latter had ever 



* 1830. 



1820. OF THE UNITED STATES. 207 

been accustomed to a municipal government, managed by 
their own citizens. In ttie North American colonies, the 
civil officers, with few exceptions, were native citizens, 
elected by the people, and, in the event of the revolution, 
became their leaders. From this source they derived a 
great fund of talent and experience, wherewith to commence 
a government. The reverse of this was the case in the 
south. They had nothing in the form of local legislatures. 
Their laws were all made by the council of the Indies, sanc- 
tioned by the king, and executed by a host of officers from 
the parent state, who universally joined the cause of their 
master. Hence the revolution in southern America, pre- 
sented the unpromising spectacle of twenty millions of 
people in a state of anarchy, and destitute of the materials 
requisite to for.-Ti a consistent political system. Their pro- 
gress has hitherto been attended with much difficulty. 

\Yhetlier the republican system, as understood and prac- 
ticed in the United States, is the form of government best 
adapted to the south, under all circumstances, is a point by 
no means settled. That they require a head of great energy 
and strength, to preserve internal tranquillity, and to call 
forth their resources against a foreign enemy, is beyond a 
doubt. In theory, a republic bottomed on frequent elections, 
a judicious distribution of powers, a division of the legisla- 
tive body into two chambers, and a strict accountability of 
all public functionaries, is the best. The apparently beau- 
tiful fabrics, however, built on this foundation, have been 
found, on a closer view, to exhibit many striking defects. 
The stated returns of the elections, especially of the offices 
of the higher grades, call into operation a host of malignant 
passions, which have scarcely time to subside, before a 
second period arrives. With few exceptions, no person 
liaving once enjoyed power, willingly gives it up. The 
legislator, anxious to secure a second election, will almost 
invariably pursue a course which, in his view, will lead to 
the attainment of that object, however opposed to the best 
interests of the nation. This anxiety to gain popularity is 
often the parent of injurious measures, and of long, inap- 
propriate harangues, addressed rather to the passions of 
the multitude, than the sound sense of the legislative bodies 
where they are delivered. The important point in every 
government is, to select men of integrity and talent, adapted 
to the office they are called to execute. A popular elec- 
tion does by no means insure such a choice. The arts 
#nd intrigues which will be called into exercise on those oc- 



-08 HISTORICAL SKETCHES CH. X. 

casions, and of which a large portion of the community are 
ever the dupes, often produce the election of an aspiring- 
candidate, destitute of every requisite qualification. A 
chief magistrate, holding his ottice for a short period, and 
anxious to secure a sec(»nd or a third term, may be expected 
to adapt his measures to that object, and to fill the subordi- 
nate stations with those most likely to promote it, however 
deficient they may be in rhe more essential points of inte- 
grity and talent. Evils, of which the above are a very im- 
perfect sketch, have been found to exist in every republic, 
and overthrown many. They operate in an inverse ratio to 
the intelligence and morals of the people. Facts strongly 
indicate, that the republics of southern America have not 
yet arrived to that stage of society, in whicli they can suc- 
cessfully meet, and overcome these evils : and history fur- 
nishes no example of a permanont republican ff'^vernmcnt, 
under so many unpropitious circumstances. But whatever 
forms of government they may assume, one universal prin- 
ciple pervades the whole, to wit : an entire independence of 
Spain. The main point t: which the attention of their 
wisest men has of late been directed, is the establishing of 
a general controlling power over the whole confederacy, 
adequate to the preservation of internal peace, and the re- 
gulation of their foreign concerns. 

Proposition fo acongress at Panama. As early as 1323, 
Bolivar, when acting as president of Colombia, invited 
the governments of Mexico, Peru, Chili, and Buenos Ayres 
to unite with his in forming a general congress at Panama ; 
and in the same year, arrangements between Colombia, 
Mexico, and Peru,\vere made to effect that object. In De- 
cember, 1824, the same chief, in the capacity of supreme 
commander of the republic of Peru, addressed a circular to 
all the other governments, inviting them to- send delegates 
to the proposed congress, in the fall of 1825. The invita- 
tion was accepted by all the st?tes except Buenos Ayres. 

Invitation to the United States to.send envoys. In the 
spring of 1S25, the ministers of Colombia and Mexico, at 
Washington, communicated to the h merican secretary of 
state, the wishes of their respective governments, that the 
United States would send a delegation to the proposed con- 
gress, and inquired whether a formal invitation to that effect 
would be accepted. The answer of the president was, that 
the United States would take no part in their w^ar with 
Spain, or in deliberating on the means of its further prose- 
cution ; that he believed, however, that such a body might be 



1820. OF THE UNITED STATES, 209 

useful in settling several important questions of public law 
m arranging matters of deep interest to the American con- 
tinent, and m promoting a friendly intercourse between the 
republics of this hemisphere. The powers proposed to be 
represented were then advised, as a preliminary step to ar- 
range among themselves, the nature and form of the powers 
to be given to their delegates, the manner of their organiza- 
tion, and the subjects of their deliberation : and informed / 
that if these points were settled in a satisfactory manner,' 
the United States, m the opinion of the executive, oug-ht to 
be represented at the proposed congress. 

Objects of the proposed congress. The ministers, after 
comniunicatmg with their respective governments, stated 
the objects of the Panama congress to be, 
*u ^^\: ^^^ consideration of matters exclusively relatinff to 
TT •. . cJ^^"*^"^^' ^" ^^^^^ it was not expected that the 
United States would take any part. 

^ 2d. Matters between belligerents and neutrals, such as 
hxmg the prmciples of national law, regarding their re- 
spective rights ; the measures prrperto be takenfto prevent^ 
further colonization on the American continent by Euro- 
pean povvers, and their interference in the existing contest. 

whipVi?.'"'^^''''7f u^''^^" regarding the powers with 
which It was intended the congress should be clothed, or the 
manner of their organization. The South American en- 
voys stated in express terms, that it was not the wish nor 
Khnnf/^ f" «{t^^7 governments, that the United States 
should depart, m the least, from their neutral policy. On 
receiving these assurances, the invitation was accepted, ac- 
companied with a declaration, that the American govern- 
ment would take no part m the contest, or do any tW In- 
consistent with Its amicable relations with Spain ^ 

Nomination of envoys. The time proposed for the as- 
sembling of the congress at Panama, was in October, 1825 
Early m the first session of the nineteenth congress, the 
Kp^nt "T,^."^^^.d .t° th« senate Messrs. Andfrson and 
bargeant on this mission. The committee of foreign rela 
tions, to whom the nomination was referred, held SbSt 
under consideration from the 26th of December to the iS 

eLedTn7;7^'"/'^'^-''P°^'^^^ ^^^^^^^^^^ thatitwas In 
5?A ®^"^ ministers to Panama 

Objections Their objections to the measure were, that it 
was a departure from the settled system of policy adopted a 
nedT^'"''"^'"''^.'^^ governinent, and in^ariabl^^^^^^^^^^ 
sued by every successive administration, not to enter into 
18* 



210 HISTORICAL SKETCHES €H. X. 

anv alliances or engagements with any powers, which should 
embarrass its foreign relations, or prevent it from pursuing 
such a course as should seem meet on any emergency. 

That there was too great an uncertainty in relation to the 
nature and powers of the proposed assembly ; whether it 
was to be a diplomatic corps, clothed with powers to nego- 
tiate compacts and treaties between the respective govera- 
ments,or an organized congress of representatives,whose pro - 
ceedings should be regulated by a major vote, and obliga- 
tory upon their constituents. If the former, it was con- 
tended that it was altogether improper and too precipitate 
to make the appointment, without some assurance or ex- 
pectation of a reciprocal appointment on their part witli 
equal powers. Besides, it would be much more convenient 
and proper for the United States to transact their diploma- 
tic business with the South American republics at Washing- 
ton than at Panama. If the latter, this nation would not 
think of composing a constituent part of a legislature for 
South America. 

That it was not expedient for this government to ente? 
into any engagements as to the nature or extent of the op- • 
position which they might think proper to make against the 
interference of European powers in the existing contest, or 
against their projects of further colonization on this conti- 

That in relation to the destinies of Cuba and Porto Rico, 
which, it was said, might be a subject of deliberation, it was 
obviously for the interest of the United States that they 
should not change masters, and equally obvious that the 
southern republics contemplated either a union with them, 
or their conquest: and any discussion of those topics in an 
assembly where they could not be definitively settled, inigM 
occasion unfriendly feelings, and could have no beneficial 
result. . , ^ T . 

In the discussion of this resolution in the senate, a prelimi- 
narv question presented itself; whether that body, m the 
exercise of their power of consenting to the nomination of 
an embassador, could with propriety take into consideration 
the expediency of the embassy. This, it was contended, was 
exclusively within the province of the president, and the only 
question which the senate could constitutionally consider 
was the fitness of the nominee for the office. The presi- 
dent, vested with the power of regulating the foreign rela- 
tions of the nation, having determined that a particular mis- 
sion was necessarv. it was his duty to fill the office, and con. 



IBJ^O. OF THE UNITED STATES. 211 

tinue his nominations to the senate until he found a person 
to whose appointment they would consent. By refusing- 
their consent to all the nominations, the senate may indeed 
prevent the office from being- filled, on the same principles 
that either house, by withholding the necessary appropria- 
tion, may prevent its bemg executed. But such a course 
would be considered rather as a violation of the constitu- 
tion than a fulfilment of its powers. The senate, however, 
went into a lengthy discussion on the expediency of the 
mission, in the course of which a resolution was passed to 
inquire of the president whether any objection existed to 
the publication of the documents, and discussing the subject 
with open doors; to which he replied, " that his communi- 
cations in this, as in all other cases on executive business, 
were confidential ; and believing, as he did, that this esta- 
blished usage ought to be preserved unimpaired, he should 
leave it with the senate to determine whether there were 
any sufficient reasons for departing from it in the present 
instance." The resolution proposed by the committee was 
negatived, and the nomination confirmed by a vote of twen« 
ty-four to nineteen. 

Reasons of the president for the appointment. In the 
house of representatives a call was made for the papers re- 
lating to the subject. In transmitting them, the president 
took occasion to explain at large his views on the subject 
of this mission, and the relations proper to be established 
between the United States and the southern republics. The 
prmciples on which this connection should be founded, were 
in his view, a fair and equal reciprocity in every commer- 
cial arrangement, a cordial good will, and perfect disinter- 
estedness. His reasons for accepting the invitation he 
stated to be, that i* would have a tendency to cherish a spirit 
of friendship and harmony between them and the United 
States, whereas a refusal would have a powerful effect to the 
contrary. That by it important and correct information 
would be early obtained of their views and proceedings, in 
which the United States had a deep interest. That the prin- 
ciples of national law, in relation to neutral rights, and 
other important points might and probably would be dis- 
cussed, where this government would have an opportunity 
to enforce those for which, it had uniformly contended, and 
a violation of which had been so injurious to its commerce. 
1 hat if any change was contemplated in relation to Cuba and 
Porto Rico, the United States might have the earliest oppor- 
tunity to malie known their views on the subject. That the 



212 HISTORICAL SKETCHES CH. X. 

proposed congress would afford a favorable opportunity to 
attempt, by a general agreement among the American powers, 
to abolish the system of privateering, which he considered 
as nothing less than a licensed system of piracy, and there- 
by remove one of the strongest inducements to future wars, 
and diminish their horrors. That it would afford occasion 
to further the abolition of the slave trade, and to promote 
liberal principles on the subject of religious liberty, by stipu- 
lations that the citizens of the respective governments, resi- 
dent abroad, should enjoy a perfect freedom of religious 
worship. That a united declaration of the whole of ci- 
vilized America against the further extension of European 
colonization on this continent, and against any interference 
ip the existing contest, would have a powerful effect to pre- 
vent both. The president stated that no danger could be 
apprehended from the measure, as the envoys would be al- 
lowed to take no part in the discussions relating to the pro- 
secution of the war ; to do nothing inconsistent with the 
strictest principles of neutrality ; and as their powers would 
be only of the diplomatic kind, all their proceedings would 
be subject to the revision of the president and senate. 

The message and accompanying documents were referred 
in" the house to the committee of foreign relations, who, 
after taking an extensive view of the subject, reported that 
it was expedient to make the necessary appropriation. The 
report underwent a discussion, which occupied the house al- 
most exclusively from the 3d to the 21sc of April. This 
debate also proceeded upon the ground, that the house had 
a right, by withholding the necessary appropriation, to con- 
trol the proceedings of the executive, and prevent any 
office from being executed; a principle calculated to de- 
stroy the independence of the executive, and throw the whole 
power into the hands of the legislative department. The 
appropriation bill passed the house of representatives, 133 
to 61. 

Under the restrictions with which it was proposed to send 
envoys to Panama ; no serious evils were to be apprehended, 
and much good might result. The appointments would 
doubtless have been sanctioned, and the requisite appropria- 
tions made without any unusual delay or opposition, had it 
not been that the occasion afforded an opportunity to arraign 
the conduct of the new executive at the commencement of 
his administration. It was eagerly seized. In the senate, 
Mr. Randolph, in one of the most eccentric, incoherent, and 
inflammatory harangues^ that ever disgraced a deliberative 



1820. OF THE UNITED STATES. 213 

assembly, poured forth a torrent of reproach upon the pre- 
sident, his cabinet, and their supporters. On the question 
of assenting to the nomination of two individuals as envoys 
to the southern republics, the only legitimate considerations 
were the qualifications of the persons nominated for the 
office ; yet the senate sat day after day, and heard the most 
virulent abuse thrown on the executive, on topics jio ways 
connected with the main question, without check. The 
president of the senate, whose imperious duty it was 
to preserve order and decorum in debate, excused himself 
from interfering, on the ground that his office did not author- 
ize or require him tocall a meini erto order. In the house, 
on the a!:,propriation bill, where the only legitimate question' 
could be, what sum was nec3ssary to cover the expenses of 
the embassy, the debate, thor.n-h conducted with more deco- 
rum, toe', the same wide ran^e, and manifested a spirit of 
deteraiiicd hostility on the nar*^ of the opponents against 
the administration. 

Immediately after the passage of the appropriation bill, 
Mr. Anderson, then minister to Colombia, was directed to 
repair to Panama. On his way, he was attacker] at Cartha- 
gena with a malignant fever, which proved fatal, and de- 
prived the country of an able and faithful representative to 
the republics of the south. 

The short time that remained after the final determination 
of the question, before the expected meeting of the con- 
gress, and the approach of the unhealthy season, rendered 
it inexpedient for Mr. Sargeant to proceed. -^-^v. 

Proceedings of the congress. The representatives^of , 
Mexico, Peru, Central America, and Colombia, assembled 
at Panama on the 22d of June, 1826. The government of 
Great Britain and the Netherlands, though uninvited, sent 
diplomatic agents to this congress. They were not permit- 
ted to be present at their s^tt^tigs, but most of the import- 
ant proceedings were communicated to them. The body 
continued its session until the 15th of July. Their most 
important acts were, 

A treaty of friendship, and perpetual confederation be- 
tween the republics represented, to which the others were 
invited to accede : 

A convention, fixing th« quotas of the several governments 
towards the common defense : 

An agreement to hold future meetings annually in time of 
war, and biennially in time of peace. 



•214 HISTORICAL SKETCHES CH. X. 

The next meeting was fixed at Ta^^ubaya, a small village 
in the neighborhood of Mexico, in the month of February, 
1827. Mr. Sargeant, as envoy from the United States, left 
Philadelphia in season to be al this meeting near the time of 
its commencement. After waiting some time at Mexico, 
and finding that the proposed congress was not likely to con- 
vene soon, if at all, he returned. 



^820. OF THE UNITED STATES. VJ15 



CHAPTER XI. 

Oeath of commodore Perry— Duel between commodores Decatur and Bar 
ron— Its occasion— Previous correspondence— Decarur slain— Proceedings 
of congress relating to his funeral-Duelling not allowed in the European 
fh7w>r^°' "''"'^^ ?,*■ P^n's'ied in the United States-Second session of 
the Ifath congress-Ballotmg lor a successor to Mr. Clay-Speaker chosen- 
Message— Constitution of Missouri presented— Exceptionable clause— Not 
accepted— Proposition to reduce the civil list negatived— Report of the se- 
cretary at war on the subject of reducing the army— Plan of retaining su- 
pernumerary officers rejected-Army reduced to six thousand-Situation 
of the public lands-Arrears of debt for lands-Terms ..f selling land altered 
— Keliet to debtors tor lands— Electoral votes counted— Proceedings re- 
of tlfe^'^resfdlnt^^ "^ Missouri-Result declared-Inauguration and speech 

Death of Commodore Perry. In the year 1820, the citi- 
zens of the United States had occasion to lament the death 
of two of their distinguished naval commanders. Oliver H, 
Perry died of a fever at Trinidad, where he had been dis- 
patched in the Hornet, as part of a squadron, stationed in 
the West Indies, for the suppression of piracy. He had been 
most of the time in active service, since the war, on the 
Meuiterranean, and West India stations, and acquitted him- 
^eJf with honor; though no opportunities had offered for 
brilhant achievments. His remains were interred on the 
island with military honors ; but afterwards removed by or- . 
der of government, to Newport. -''^ 

Duel between Decatur and Barron. Commodore De- 
Sj"^.^^^ ^^"^^ "^ ^ ^"®1 with Commodore Barron, on the 
22d of March, 1820, at Bladensburgh, near the city of Wash- 
ington. Barron received a severe wound, which proved not 
to be mortal. Congress being in session, a motion was 
made to take measures for a public funeral, and to wear a 
badge of mourning, as is usual on occasion of the death of 
one ot their members, but on a suggestion that this could not 
De done without appearing to give public countenance to 
duelling, the motion was withdrawn. Both houses adjourned 
on the day of the interment, without entering on business. 
Un the 24th, his funeral was attended by the president, 
heads of departments, foreign ministers, members of con- 
gress, officers of the army and navy, and a numerous con- 



^>16 HISTORICAL SKETCHES , CH. XL 

course of citizens, testifying- their sympathy with the dis^ 
tressed widow and family, and their grief at the national 
loss. Commodore Decatur stood at the head of his profes- 
sion ; none of his fellow-officers had had equal opportunities 
of distinguishing themselves in active and hazardous enter- 
prizes. His eminent services, which had contributed in so 
great a degree to raise the character of the navy, were fresh 
in the recollection of his countrymen. His high reputation 
for courage was established beyond a doubt, and needed not 
the miserable aid of a duel, often the refuge of cowardice, 
to give it additional support. 

Causes of the duel. The facts which led to this unhappy 
tragedy, are of a date as early as 1806. The conduct of 
Commodore Barron in not fighting the Leopard, a ship of 
vastly superior force, and well prepared for action, with the 
Chesapeake, when unexpectedly attacked, although the con-^ 
sequence must have been the immediate destruction of 
his ship, was universally censured, and public sentiment 
seemed to require a sacrifice. A court of inquiry was first 
held, who passed a censure upon his conduct. A court 
martial was then called, on which Commodore Decatur was 
detailed as one of the members. Having previously formed 
and expressed an opinion unfavorable to Barron, he declined 
sitting. The secretary of the navy would not excuse him, 
and he took his seat as a member of that court. Their de- 
cision, after an investigation of two weeks was, that the 
commodore was not guilty of any cowardice or want of firm- 
ness on the occasion, but was guiity of neglect of duty, 
and unofficer-like conduct, in not clearing his ship for ac- 
tion on the probability of an engagement ; and sentenced 
him to be suspended from all command in the navy, and 
from all pay and emoluments, for the term of five years, from 
the 8th of February, 1808. This sentence was approved by 
the president, and carried into erfect. Barron imputed the 
"severity of this sentence, in a great measure, to the influ- 
ence of Decatur. During a part of the period of his sus- 
pension, he resorted to the merchant service for support, 
and afterwards retired to France. The government miti- 
o-ated the sentence so far as to grant half pay to his family, 
during his absence. When the period of his suspension ex- 
piredr February 8th, 1813, the country being at war with 
England, he solicited employment in her service. Not be- 
intr encouraged by the secretary of the navy, he remained m 
Fnince until the close of the war. On his return to the 
United States, he again claimed his rank and employment 



1821. OP THE UNITED STATES. 217 

in the navy ; and on the Columbus, 74, being put in com- 
mission, he considered himself entitled, from his standing 
in the service, to her command. Commodore Decatur, 
having an unfavorable opinion of his talents, opposed the 
designation, and as Barron supposed, vi^as the principal 
cause of his exclusion. Some officious intermeddler fabri- 
cated, and reported to Barron a story, that Decatur had 
somewhere said, "that he could insult Barron with impu- 
nity." The latter, listening with too great readiness to this 
tale-bearer, commenced an angry correspondence on the 
subject of this report ; which ended in Decatur's disavowing 
the use of any such expressions, at the same time justifying 
the course he had taken in his official capacity, in relation 
to Barron. The subject rested in this situation from June 
to October, 1819, and was supposed to be at an end ; when 
Barron, still hstening to idle reports, commenced a second 
correspondence, accusing Decatur of having exhibited their 
former letters, for purposes unfriendly to his character ; and 
of having said that he would cheerfully meet Barron in the field 
and hoped he would act like a man. These stories Barron, 
taking them for true without evidence or examination, af- 
fected to consider as amounting to a challenge, and called 
upon Decatur to make the arrangement, of time, place, and 
weapons. This produced a reply from Decatur, stating at 
length his objections to Barron as a naval officer, justifying 
the course which he had taken towards him, and denvinl 
that he had the remotest ground, from any rumors to which 
he had been listening, to apprehend that he was challei.ged 
A correspondence of considerable length ensued, remarkable 
tor nothing but its asperity, and want of decorum. At the 
close of his last letter, Decatur remarks, "that your jeopar- 
dizing your life depends on yourself and not on me, and is 
done with a view of fighting your character up ; I shall pay 
no further attention to any communication you make to me 
other than a direct call to the field." This was answered 
by the challenge direct from Barron, followed by the ap- 
pointment of seconds, and the usual preliminaries of a duel, 
and the fatal result of the 22d of March. 

This atrocious act, which deprived the country of one of 
Its ablest naval commanders, was committed under the eve 
of the executive, who by virtue of his office is commander 
m chief of the navy, by one of his officers, without animad- 
version. The fact exhibited the melancholy spectacle of the 
s^reme naval commander's suffering one of his principal 
officers to be murdered, for acts done in his official capacity. 



218 HISTORICAL SKETCHES CH. XI. 

by another, with impunity. The prevalence of this savage 
manner of settling disputes in the United States, is a subject 
of astonishment and regret. That it should have found its 
way, to so great an extent,in the army and navy, is unprece- 
dented. In this particular, the United States, in civilization, 
are far behind the European governments. In modern times 
the practice is wholly excluded from their service. The of- 
ficer who has accepted a commission under the government 
to fight its battles, has pledged himself; his person is no 
longer at his own disposal, and he cannot hazard his life in a 
personal quarrel, without robbing his master. It is, there- 
fore, with the highest reason that the monarchs of Europe 
have entirely eradicated dueling from their military system. 
On most national questions relating to principles, manners, 
and customs, the American citizen feels proud of a compa- 
rison between his own country and Europe ; but on this he 
must acknowledge a lamentable inferiority. 

This act was committed in the immediate vicinity of the 
supreme national legislature, during their session, and on 
ground over which, for the sake of the better preservation 
of the public peace, they exercise peculiar and exclusive le- 
gislation. The duelist, who slays his fellow, is guilty of 
^Tiurder in the first degree, and of the most aggravated na- 
ture, and all concerned, ;;re guil y as accessories. Yet of 
the hundreds of murders of this description in the United 
States, there never has been a conviction, and execution of 
the murderer. In the present instance, this atrocious ho- 
micide was suffered to pass unnoticed, as well by the su- 
preme executive, as by the civil authorities of the district. 

Second session of the IQth congress. Agreeable to a 
law of the last session, the 16th congress commenced its 
second term on the 13th of November, 1820. Mr. Clay, being 
unable to attend at the opening of the session, addressed a 
letter to the house, resigning the chair. A balloting to sup- 
ply the vacancy immediately commenced, which continued 
three days ; and on the ^'^d ballot, Mr. Taylor, of New York, 
was chosen. The opposing candidates were Mr. Lowndes, 
of South Carolina, and General Smith, of Maryland. The 
president's message, which was communicated immediately 
on the organization of the h^use, was, as usual, a plain busi- 
ness-like state paper, giving congress such information in 
relation to the foreign and domestic concerns of the United 
States, and the situation of the treasury, as was necessary 
to guide their deliberations. Being a true, it contained a 
very pleasing picture of the affairs of the nation. During 



1821. OF THE UNITED STATES. 219 

the six months vacation, between the first and second terms 
of the 16th congress, the nation had remained in a tranquil 
and prosperous state. Very few new subjects of legislation 
had occurred, and congress might have found it difficult to 
employ the whole time, which the early commencement of 
the session gave them, for the public good, had not the Mis- 
souri subject presented itself again in a new and unexpected 
shape. 

Debate respecting Missouri. Two senators and one 
representative from that state, presented a constitution, 
formed the preceding summer, by a convention of delegates, 
m pursuance, as they claimed, of the act of the last session 
authorizing the measure, and demanded its acceptance, and 
their seats m the respective houses. One of the articles of 
that instrument, made it the duty of the legislature to pass 
laws, prohibiting free negroes and mulattoes from settling 
or residing in the state. This, it was contended, was in 
direct violation of that article in the federal constitution, 
which provides, that *' the citizens of each state shall be 
entitled to all privileges and immunities of citizens in the 
several states." In the course of the discussion, it was ad- 
mitted that the two provisions were inconsistent with each 
other. The committee of the house of representatives, to 
whom the subject was referred, a majority of whom were 
from the slave-holding states, going upon the ground that 
the objectionable clause was unconstitutional, and of course 
of no validity, reported that it was advisable to admit the 
state into the union, leaving the question as to the exclusion 
ot the free people of color coming from other states, to be 
&ettled by the judicial tribunals whenever it should occur 
1 he acceptance of the report was opposed on the ground 
of the impropriety of admitting a state into the union, with 
a constitution not conformable to the principles of the gene- 
ral government, and depriving a portion of the citizens of 
other states of their equal privileges of emigrating to, and 
settling m the new state. The relief proposed, it was said, 
would be inadequate, expensive, aid ineffectual. It would 
be unwise, and embarrassing to legislate in such manner as 
Should involve a portion of the emigrants in lawsuits, the 
expenses of which they would be little able to sustain. The 
United States were owners of large portions of land in the 
new state which it was desirous should be open to purcha. 
sers of all descriptions. Considerations of this nature in- 
duced a rejection of the report. In the senate, a resolution 
passed admitting the new state into the union, with a pre 



220 HISTORICAL SKETCHES CH. XI, 

viso that nothing therein contained should be construed to 
give the assent of congress to any provision in the constitu- 
tion, if any such there be which contravenes any clause in 
the constitution of the United States. This resolution v^ras 
negatived in the house of representatives, and the subject 
referred to a select committee of thirteen. They reported 
a resolution admitting Missouri into the union upon the fun- 
damental condition, that the state should never pass any law 
preventing any descriptions of persons, w^ho then were, or 
thereafter might be, citizens of any state in the union, from 
coming to, or settling in that state, and provided its legisla- 
ture should declare their assent to the proposed condition, 
and transmit the same to the president, by the fourth Mon- 
day of the succeeding November ; and this being announced 
by proclamation of the president, the admission of the new 
state waste be considered as complete. This resolution pas- 
sed both houses, was complied with on the part of Missouri, 
and she became a member of the union on the fourth Monday 
of November, 1821. 

The discussion of this question brought up the same sec- 
tional divisions in congress, as appeared on the original 
Missouri question the last session ; but was conducted with 
much less asperity. The description of inhabitants who 
were attempted to be excluded by the constitution of Mis- 
souri, were considered by the citizens of the slave-holding 
states as of a very dangerous character ; and more so in 
those sections of the country v^here the number of slaves 
approached to an equality with that of free citizens. As a 
general description of character, with many exceptions 
indeed, the free people of color, were considered as idle, 
profligate, abandoned to vice, and disposed to encourage 
slaves in disobedience and desertion. It was deemed an 
important object to prevent the increase of this species of 
inhabitants, and their congregating in the slave-holding 
states. 

Reduction of salaries proposed. A strenuous but ineffect- 
ual attempt was made this session,to reduce the compensation 
of the legislative and executive departments of government. 
In every discussion of this subject, the ascent has been founcV 
much more practicable, than the descent. At periods when 
the means of living are high, pressing reasons are at hand 
for the increase of salaries. On a reduction of prices, and 
the increase of the value of money, the reasons for the re- 
duction of salaries, are equally obvious, though much less 
operative. It appeared in the course of the debate, the^t 



1821, OF THE UNITED STATES. 221 

when the present rates of compensation were fixed, the 
means of living were much higher than at present ;' and 
that the revenue was then adequate to meet the expendi- 
ture Now it fell considerably short, and a resort to loans 
had become necessary. But however urgent the reasons, a 
reduction of the civil list could not be accomplished. 

Reduction of the army. The object of lessening the 
pubhc expenditure, and bringing it more nearly within the 
compass of the revenue, was effected, by an important re- 
duction of the military establishment. By a resolution of 
the house of representatives, at the last session, the secre- 
tary at war was directed to report a plan for the reduction 
ot the army to six thousand. His report, in pursuance of 
this resolution, recommended a reduction of the number of 
privates m the companies and regiments of which the army 
was composed, instead of reducing the number of regi- 
njents. The reasons assigned by the secretary in favor of 
this plan, were, that in case of war, the government would 
have an experienced corps of officers in service, on whom 
they could depend ; that by filling up the regiments, the 
recruits would be distributed in small numbers, among ex- 
perienced soldiers, and rmder the commana of officers ac- 
quainted with their duty, and would be immediately fitted 
for active service. In the other mode, whenever it became 
necessary to augment the army, it must be done by raisinij 
new regiments, and appointing a new corps of officers to 
their command. In the first stages of a war, new levies of 
tins description, the secretary remarked, woul(! be of little 
service. He then went into a comparative estimate of the 
expenses of the different modes, making the peace establish- 
ment, on the principle of retaining the whole number of 
officers, something more expensive ; but stating that, in case 
of a war, it would be the most economical and efficient. 
1 he plan of the secretary did not, however, meet the views 
of congress The prospect of any future war, other than 
occasional Indian hostilities, was considered too remote 
to render it necessary to maintain a corps of supernumerarv 
^fr^t^'f^"^^^^ '"'u ^cpntingency. It was said, that an 
army of officers, with high pay and emoluments, and with- 

rrfflnPni'i''^T'^^'r'''-*'"^^ ^^ a mighty engine of executive 
mnuence. A judicious distribution of such a corps in the 
3fnilfff '/ "^'It P'?P^' instructions, might have a eon- 
trolling effect on the elections ; and in the hands of an am» 
bitious military character, might seal the destinies of the 
country. The immediate objects of the United States 
military establishment, being the preservation of the fortifi. 

1 Q* 



'222 HISTORICAL SKETCHES CH. tl. 

cations on the sea board, and the defense of the frontier 
from Indian depredations, Jfighting men were considered of 
more consequence, than superncmerary officers : and the 
plan of having full regiments, and no more officers than 
were requisite to command them, was adopted. 

Land debtors. In compliance with a resolution of the 
senate, the secretary of the treasury presented to that body, 
a detailed statement of the situation of the public lands, or 
national domain, from the close of the revolutionary war, to 
the commencement of the year 1820 ; from which it ap- 
peared, without regarding fractional numbers, that one hun- 
dred and ninety-one millions of acres had been purchased 
of the Indians, for two millions and a half of dollars, or 
about one cent and a third per acre. That the moneys ex- 
pended in surveying and locating, a little exceeded four 
millions : that seventy millions had been surveyed, and 
twenty millions sold, for forty-five millions of dollars, or an 
average of two dollars and a quarter per acre ; one half of 
which sum had been paid into the treasury, the other half 
remained due from the purchasers, for which the lands were 
pledged. The report exhibited a debt due, principally from 
settlers on the public lands, of upwards of twenty-two mil- 
lions of dollars, and their inability to pay, according to the 
terms of the purchase. To prevent the further accumu- 
lation of debts of this description, a law had been passed at 
the last session, authorizing the sale of lands for cash only, 
and at the reduced price of a dollar and twenty-five cents 
per acre. This act manifestly bore hard upon former pur- 
chasers, who were still debtors for their lands. Without, 
any means of payment but a resale, they must sell at a greafc 
sacrifice, as the government prices would necessarily regu- 
late theirs. Many had purchased when lands and their 
produce were high, and the rage for emigration great, cal- 
culating upon a resale at a profit. Persons of this descrip- 
tion, lost their all in the speculation. The disposition to 
emigrate had now subsided, and traffic in new lands had 
become hazardous. It was obvious that a liberal reliet' 
must be granted to this class of government debtors, or a 
numerous and valuable portion of settlers lose their im- 
provements, and the advances they had already made upon 
their lands, and the settlement of the vacant territory, 
always an important object with the government, be greatly 
impeded. After a variety of propositions, having for their 
!)bject some relief to this class of citizens, an act wa^ 



1821. OF THE tJNITED STATES, 223 

passed, allowing any purchaser to relinquish such portion of 
his land, remaining unpaid for, as he chose, at the purchase 
price, and retain the residue ; or retain the whole, and pay 
for it in hand, at a discount of twenty-five per cent, or pay 
the contract price at future instalments. 

Convention for counting the electoral votes. In pursu- 
ance of the report of a joint committee, the two houses 
met in convention on the 14th of February, to count the 
votes and declare the election of a president and vice presi- 
dent of the United States for the presidential term com- 
mencing the 4th of March, 1821. On this occasion the 
Missouri question again presented itself in a new form. 
The people of that territory, having formed a constitution, 
as they claimed, not inconsistent with that of the United 
States, considered themselves as members of the union, 
chose their electors, and sent on their votes for president 
and vice president. It was known that their reception or 
rejection would not vary the result ; it was therefore rather 
a matter of etiquet, than of any practical importance how 
they should be disposed of. The joint committee had en- 
deavored to remove any difficulty on this subject by provi- 
ding in their report, that the presiding officer should declare 
how the votes would stand, if those of Missouri were 
counted, and how if they were not, and to declare who 
were elected. The counting proceeded without interrup- 
tion until it came to the votes of Missouri, when a member 
of the house of representatives objected to the counting of 
those votes, on the ground that there was no such state. 
The constitution directs that the votes shall be opened by 
the president of the senate, and counted in the presence of 
both houses ; but makes no provision how or by whom the 
question on the reception of a contested vote shall be de- 
termined. As in the present case the result of the election 
did not depend on the decision of this question, the omis- 
sion occasioned no great embarrassment. The senate with~ 
drew ; and the speaker having resumed the chair, a motion 
was submitted by a member that Missouri is one of the 
states of the union, and that her votes ought to be received 
and counted. After a debate of considerable length, the 
house, without coming to a decision on the political standing 
of Missouri, ordered the motion to lie on the table, and a 
message to be sent to the senate that they were ready to 
finish the business of counting the votes. The two houses 
again met in convention, and the president of the senate 
declared the result to be two hundred and thirty one votes 



2'24l historical sketches ch. xi. 

including those of Missouri, for James Monroe, president, 
and two hundred and eighteen for Daniel D. Tompkins, 
vice president, and declared them duly elected. 
,„„^'" Mr. Monroe's administration during his first presidential 
term, abating something for the disappointment of expect- 
ants of office, had given universal satisfaction. No organ- 
ized opposition had arisen ; the people of the United States 
seemed to take a pleasure and pride in rallying round the 
standard of their government. The bold and dignified 
manner in which he expressed the national sentiment on the 
subject of European interference in the affairs of America, 
gained him high applause. No disputes of any magnitude 
had arisen with any nation except Spain, and those had 
been brought to a termination highly honorable and advan- 
tageous to the United States. The pecuniary embarrass- 
ments consequent on the conclusion of the late war had in 
a great measure ceased, and the various kinds of business 
had resumed a re^^uJar course and fallen into their wonted 
channels. The progress of improvement in wealth, indus- 
try, and enterprize, had been rapid. Four new states had 
been added to the union. Indian hostilities and depreda- 
tions had been punished in a manner calculated to prevent 
their repetition. Settlements on the government lands had 
rapidly increased : and sixty-seven millions of the public 
debt extinguished. It being a generally acknowledged 
principle in the American government, from which there 
had been but one departure, that the same person should 
hold the office of president for two successive terms. Mr. 
Monroe's re-election was a matter of course, and, with the 
•^:::::;exception of two votes, unanimous. 

On the fourth of March the president elect was installed 
into office with the ceremonies usual on such occasions. 
All that the constitution requires, is, that he should take 
the official oath at the hands of some proper magistrate : 
custom had entitled the people, who might choose to wit- 
ness this ceremony, to expect an inaugural speech. 

When a new president is elected, this is considered as a 
favorable opportunity for an exposition of the principles of 
his administration, and has been uniformly improved for that 
purpose. But this is not at all requisite or proper where 
there is only a re-election, unless a change of measures is 
contemplated. This custom in the present instance im- 
posed an arduous task on the president elect. On his first 
elevation to office he had fully explained his views on the 
subject of conducting the national concerns ; the uniform 



1821. OF THE UNITED STATES. 225 

tenor of his conduct had supported them. He contempla- 
ted no change of measures. The prominent facts of his 
past administration were well known ; it was not proper for 
him to recapitulate or eulogize them. Being more a man 
of business than an orator, he was not calculated to figure 
on this occasion before a popular assembly. Not however 
to disappoint the expectations of a brilliant audience, he 
made an address detailing in a plain, unostentatious man- 
ner, the principal incidents of his administration, in relation 
to the measures of defence, negotiations with foreign pow- 
ers, and the progress of improvement; all of which had 
been previously communicated to congress, and were fami- 
liar to his audience. It was a valuable state paper, deve- 
loping the strength, resources, and prospects of the country^ 
better adapted to the hall of a legislative assembly, than to 
a promiscuous audience assembled to witness an inaugura- 
tion. 



•3*26 HISTORICAL SKETCHES Cit. XII. 



CHAPTER XII. 



Forty-fifth anniversary of American independence — Mr. Adams' address on 
the occasion — Death of Napoleon — Diplomatic discussions with France, on 
the Louisiana treaty, on landing jjoods on Uie Si Mary's — General Jackson 
appointed governor o the Floridas — Takes po^yession — Treatment of go- 
vernors t'avalla and Coppinger — Dispute wiih Judge Fromentin on the 
civil privileges of the Floridians — Banishnien of Spanish officers — Gene- 
ralJackson's reasons for his conduct — Plea oi necessity— Manner in which 
it is considered — General law passed for the government of the Floridas — 
Principles adopted by the United States, in relation to colonial acquisitions 
compared with the European system. 

Forty-fifth anniversary. The 45th anniversary of Ameri- 
can independence, 4th ofJuly, 1821, was celebrated with more 
than usual eclat. The birth-day of the nation has been noticed 
with more or less celebrity in the principal cities and villages 
in the United States from the first. This has had a happy ten- 
dency to cherish a national spirit, and has afforded an oppor- 
tunity for successive orators, patriots, and politicians, to call 
to mind the daring deeds of their fathers, to notice with a be- 
coming pride the progress of American principles, first 
brought into view by the revolution, and point to the means 
of perpetuating the greatness and glory of America. The 
continued prosperity of the country, the acquisition of the 
Floridas, the establishment of the boundaries beyond the 
Missisippi, which gave to Iho United States a territory com- 
mensurate to their most enlarged desires, the submission of 
the Indian tribes, the almost unexampled unanimity of the 
presidential election, and the progressive extinction of party 
spirit, were subjects of universal congratulation. 

Mr. Adams' address. The citizens of Washington were 
entertained with an address from the secretary of state, who 
brought forth from the an-hives of his ofiice and read to the 
assembly, the original decl?»r.'t!on of independence. The 
facts which led to the birth of the nation, and conducted it 
to its present high rank, though familiar, would well bear re- 
peating on this occasion ; and the service was performed 
in an appropriate manner. Tasks of this description have 
usually been assigned to persons holding less dignified sta- 
tions. It was unusual to see the second officer in the go- 
vernment acting the orator on this holiday occasion ; the 



1821. OP THE UNITED STATES. 227 

performance, however, proved the speaker to be the orator, 
and scholar, as well as the statesman, and ranked among 
the first which the day produced. 

Death of Bonaparte. This year was distinguished by 
the death of one of the greatest men of modern times. Na- 
poleon Bonaparte died at St. Helena, May 5th, 1821. The 
disorder which ended his days was a cancer on the liver, oc- 
casioned no douht by the climate, and the gloom produced 
by his misfortunes. The severity with which he was treated, 
and the strict watch which it was deemed necessary to pre- 
vent his escape, were sources of his constant complaint. 
The more candid of his friends imputed his death to this cause; 
others suggested, but without foundation, that his keepers 
resorted to more efficacious means to hasten the event. 
His death relieved England from the expense of a million 
sterling annually, and the hereditary monarchs of Europe 
from any immediate apprehensions of another encroach- 
ment on their dynasties. It also enabled the Americans to 
enjoy the privilege of touching at St. Helena for refresh- 
ments in their East India trade, which was secured to them 
by the treaty of Ghent, but suspended during Bonaparte's re- 
sidence on the island. 

Disputes with France. A diplomatic controversy of 
some asperity arose between the French and American go- 
vernments, in relation to the construction of the 8th article 
of the Louisiana treaty. By the 7th it was provided that, 
for the term of twelve years, the vessels of France and 
Spain should be admitted into the ports of the ceded terri- 
tory, without paying any higher impost and tonnage duties 
than were paid by vessels of the United States ; and the 
8th stipulated that after the expiration of that period, the 
vessels of France should be admitted upon the footing of the 
most favored nation. The navigation act of 1820 had made 
a proposition to all nations, to admit their vessels into the 
ports of the United States, when laden with the productions 
of the country to which they belonged, without paying any 
other duties, than such as were payable by American vessels, 
provided the favor should be reciprocated. This proposi- 
tion had been accepted by Great Britain, in relation to her 
European dominions, and most of the continental powers, 
except France — she claimed the privilege of being placed on 
this footing, in regard to the ports of Louisiana, without 
rendering the equivalent. This was denied by the American 
government, and a commercial warfare of countervailing 



^28 HISTORICAL SKETCHES CH. XII* 

and prohibiting duties commenced, which for a time, nearly 
suspended the direct intercourse between the two nations. 

About the same period, though unconnected with this 
claim, another subject of diplomatic discussion arose between 
the two governments. During the time which intervened 
between the ratification of the Florida treaty and the occu- 
pation of the territory by the government of the United 
States, some French adventurers, for the purpose of evading 
the revenue laws, had sent several vessels, laden with mer- 
chandize, adapted to the American markets, up the St. Ma- 
ry's, the boundary between the United States and the ceded 
territory, and landed them in an pninhabited region on the 
Florida side, with an evident intention of smuggling them 
into the United States. One of the vessels was seized, and 
the goods and the other vessels removed from the river by 
direction of the president. A serious attempt was made on 
the part of France, to treat this as a violation of the rights 
of Frenchmen. The minister of that power remonstrated 
against the proceeding, and claimed satisfaction for his 
countrymen. After a discussion of some length, the claims 
were abandoned, and a commercial convention formed on 
terms of reciprocity. 

Possession of the Floridas. In pursuance of a law 
passed at the close of the last session of congress, providing 
for the temporary government of the Floridas, according to 
the laws then existing in those provinces, and authorizing 
the president to take possession, on the 7th of March he 
appointed General Jackson governor of the territory, and 
vested him with the powers formerly exercised by the Spa- 
nish governors. Elijeus Fromentin was appointed chief 
justice. The powers vested in the governor, were, from 
the necessity of the case, congress not having had time to 
frame a system of laws for the territory, discretionary and 
undefined. The Spanish authorities reluctantly yielded 
their respective commands, on the 22d of August, the last 
day allowed by the treaty for that purpose, manifesting a 
disposition to embarrass the operations of the new govern- 
ment, as much as lay in their power. 

Conduct of the Spanish officers. By the terms of the 
treaty, all the archives and public papers were to be given 
up with the province. Four documents relating to the 
rights of property, in West Florida, were withheld by Go- 
vernor Cavalla, claiming that they did not come within the 
purview of the treaty. After a specific demand, an armed 
force was sent to seize the papers, and bring Don Cavalla 



1B2L OF THE UNITED STATES. 22^9 

before Governor Jackson, to answer for a contempt of his 
authority. On his persisting in a refusal, the papers were 
seized, Cavalla taken out of bed, carried to the governor's 
quarters, and ordered to prison. He immediately applied to 
Judge Fromentin, and obtained a writ of habeas corpus, for 
his release. This, the governor did not suffer to be executed, 
until Cavalla's papers had been examined, the requisite ones 
secured, and the prisoner discharged. This proceeding led 
to a warm altercation between the governor and judge, re- 
garding their respective powers ; the former claiming, that 
by the act of congress relating to the occupation of the Flo- 
ridas, the Spanish laws were to be in force until provision 
should be made for the extension of the American code into 
the territory ; and that the habeas corpus was a process un- 
known to the Spanish jurisprudence, and could not be there 
executed, until provision was made by act of congress, for 
that purpose. The judge, on the contrary, claimed that by 
the treaty of cession, the inhabitants of the territory became 
American citizens, and entitled to their privileges as such, 
one of the most important of which was relief from illegal 
imprisonment, by this process ; that this was a matter of 
common right not dependent upon particular statutes, and 
extended to all persons on American territory. 

A controversy, similar in principle to that with Cavalla, 
took place with Don Joseph Coppinger, governor of East 
Florida, in relation to the archives of that province, and 
terminated in the same summary manner. On the second 
of October, Mr. Worthington, the secretary of East Florida, 
who had been commissioned by General Jackson, to act as 
governor in his absence, finding that some papers belonging 
to that province were about to be sent to the Havana, under 
the direction of his superior, caused tliem to be seized and 
secured. The dilatory proceedings, and troublesome cha- 
racter of the Spaniards, who had any thing to do with the 
transfer of the government, occasioned much difficulty Jto 
the Amercan authorities. 

Banishment of Spanish officers. The subject of Ca- 
valla's withholding the papers, and General Jackson's pro- 
ceedings in obtaining them, was matter of discussion in the 
Floridian, a newspaper published at Pensacola. Seven of 
Don Cavalla's officers who had remained in Florida in the 
capacity of private citizens, after its cession, published a 
statement contradicting some facts which had been pub- 
lished under the direction of Governor Jackson on the oc- 
casion, and containing, as he apprehended, some disrespect- 
20 



'^30 HISTORICAL SKETCHES ClI. XII. 

fill expressions, and sentiments calculated to excite in the 
Floridians discontent with his government. This publica- 
tion was answered by a proclamation from the governor, 
ordering them to quit the territory in five days. 

For the purposes of administering justice, the territory 
was divided mto two counties, without regard to the origi- 
nal division of East and West Florida ; the country west 
of the Sawaney river constituted one county, by the name 
of Escambia ; and the territory east of that river another, 
denominated the county of St. Johns. ^ 

Different views of General Jackson's conduct. The 
governor's powers terminated according to the terms of his 
commission at the rising of congress in 1822 : and he de- 
clined a reappointment. With the expiration of his com- 
mission as governor of the Floridas, the general ceased to 
be an officer of the executive department. Concerning his 
conduct as a general in the army, and as civil and military 
governor of the Floridas, his fellow-citizens have enter- 
tained various and contradictory opinions. Little conse- 
quence v/ould have been attached to them, and their discus- 
sion long since subsided, had not subsequent events placed 
them in a prominent view. For two successive terms he 
has been brought forward as a candidate for the presidency ; 
and his conduct in those respects almost solely relied on to 
support his claim. It is impossible for the American people 
to look at it without seeing several instances of a palpable 
violation of their constitution. The only excuse is the plea 
of necessity. I'ow far this ought to avail him is a ques- 
tion on which the people entertain very diflferent sentiments. 
The general himself seems to have placed his defense on 
this ground, when he says, *' that the powers with which he 
was clothed were such as no one under a republic ought to 
possess, and such as he trusted would never again be given 
to any man ; but as he held those powers under an act of 
congress, and a commission from the president, he should 
exercise them according to the best of his abilities, what- 
ever personal responsibilities he might incur. It had been 
liis fortune," he states *' on other occasions, as a public ser- 
vant, to be in places of great personal responsibility, but he 
never shrunk from what he deemed to be a discharge of his 
duty, from any apprehension of consequences." The plea 
of necessity was admitted in its fullest extent by one por- 
tion of his fellow-citizens, who admired, and in the present 
instance, with a kind of adoration, applauded, that bold and 
daring course, which on great emergencies overleaps con- 



1821. OF THE UNITED STATES, 231 

stitutional restraints, and placing what is deemed to be the 
public safety in view, proceeds steadily to the object, trust- 
ing to events to justify the conduct. On the other hand, 
most public functionaries have considered themselves bound 
by the constitution, and laws of the land, and the orders of 
their superiors under whom they acted ; and the plea of 
necessity has been reprobated as the tyrant's plea, as the 
demon, at whose shrine civil liberty has been sacrificed, 
and as a pretense bounded by no limits but the will of him 
who shields himself under it. In a subordinate officer, 
whose conduct is subject to the strict watch and control of 
a superior, the admission of this plea may do less harm. 
In a chief, holding- the national destinies in his hands, it is 
hazardous in the extreme. 

Act for the government of Florida. At the succeeding 
session of congress, an act was passed, providing a territo- 
rial government for the Floridas, on the principles of 
other governments of that description in the United States. 
A governor, secretary, judges, marshal, and the requisite 
revenue officers, were to be appointed by the president, with 
the consent of the senate. A legislative council was to be 
chosen by the people in the districts, in proportion to their 
population. The governor and legislative council to have 
the power of making laws for the territory, subject to be re- 
pealed by the national legislature. One delegate was to be 
chosen from the territory to congress, with power to sit and 
debate, but not to vote in the house of representatives. 
The treaty provided, that the inhabitants of the territory 
should be admitted into the union on equal terms with the 
original states, whenever their situation, and the number 
and character of their population would permit. 

American colonial system compared, with the European. 
The American colonization system has been conducted upon 
principles essentially different from the European. They 
have been unambitious of acquiring territory, other than 
that which was adjacent to them, and which they deemed 
necessary for their security. None has been obtained by 
any other means than fair purchase ; and when acquired, 
it has been placed on an eqnai footing with the original do- 
main. No extraordinary duties, restrictions, or embarrass- 
ments have been laid upon the commerce of its citizens. 
Their productions are free to be exported to any part of 
the world, where a market can be found. This liberal 
system induced large emigrations from the old states ; and 
?he newly acquired territory, soon amalgamated with the 



233 HISTORICAL SKETCHES CH. XII, 

country to which it was attached. It superseded the use 
of a military force, other than what was necessary to pro- 
tect it from Indian incursions. 

On the other hand, European nations generally acquired 
their colonial possessions by conquest. They considered 
the territory and inhabitants as property, subject to be con- 
trolled and disposed of, for the exclusive benefit of the pa- 
rent state. All their supplies, unless by special favor, were 
to be derived from that source, and their productions must 
go in the same channel. Their trade was regulated, solely 
with a view to the benefit of the mother country, whose 
inhabitants, on removing to the colony, lost a portion of 
their civil and commercial privileges. Little or no inter- 
course was allowed them with foreigners ; and in many in- 
stances, they were prohibited from raising or manufacturing 
for themselves, such articles as it was convenient for the 
merchant at home to furnish. They had no voice in the 
government of the parent state, and could only make known 
their wants and grievances by humble petition. Laws were 
made for them with little knowledge of their circumstances, 
and il] adapted to their exigencies. Numerous and burden- 
some offices were created, and filled with persons sent into 
the colonies, to enrich themselves, by impositions on the 
people they were sent out to govern. Such a system ren- 
dered a large military force necessary to support the au- 
thority of the parent country, in the colonies ; and led to 
insurrection, and revolt, whenever the weakness or distrac- 
tion of the government at home, afforded a prospect of suc- 
cess. 



1822. OF THE UNITED STATES. 233 



CHAPTER XIII. 

First meeting of the 17th congress — Choice of speaker — Message— Bankrupt, 
bill, discussion of it— Fourth census — Bill regulating the apportionment of 
representatives— Arguments for and against a large repiesentation— Re- 
sult — British colonial trade — Election of Mr. Coulson oi" Maryland de- 
termined by lot — Report of committee thereon — Death of General Pinck- 
ney— Cumberland road— President's objections to the bill, providing for its 
repairs— Appointment of commissioners under the Florida treaty— Decision 
of the executive on the Spanish contract claims — Discussion with Russia, on 
the subject of the northwest coast — Russian and American claim stated— ^ 
Adjustment of the dispute — Controversy with Great Britain relating to de- 
ported slaves — Referred to the emperor of Russia — His decision — Ukase 
of the emperor against freemasons — Decoudray's expedition against Porto 
Rico — Second session of the ITtli congress — Message — Prosperous state of 
the country — Payment of the vice president's salary suspended — Settle- 
ment of his accounts. 

Meeting of congress. The seventeenth congress com- 
menced its first session on the third of December, A D. 
1821. On the twelfth ballot, on the second day of the ses- 
sion, Philip P. Barbour, of Virginia, was chosen speaker. 
The opposing candidates were Mr. Taylor of New York 
the speaker of the last house, Mr. Smith, of Maryland, and 
the two members from Delaware, Mr. Rodney, and Mr. 
M'Lane. On the fifth, the president transmitned his mes- 
sage, containing much in detail, a correct view of the fo- 
reign and domestic concerns of the riai.ion. 

Bankrupt bill. One of the most interesting subjects of 
discussion this term, was a bankrupt bill. In execution of 
the pov/ers given by the constitution, *'to establish uniform 
laws on the subject of bankruptcies," the sixth congress, 
in the year 1800, passed a law embracing most of the prin- 
ciples of the English system. This act was limited in its 
duration, to the term of five years. At the succeeding con- 
gress, parties were changed ; and it became fashionable to 
undo what their predecessors had done. In the execution 
of the act, in most cases, a large portion of the bankrupt's 
estate was consumed in the settlement. The commission- 
ers and assignee became principal heirs to the estate of the 
bankrupt, aud were first to be paid out of its avails. The 
law became unpopular, and was repealed in 1803. In seve- 
2(r 



"^34 HISTORICAL SKETCHES CH. XIII. 

ral states bankrupt laws were afterwards passed, the general 
provisions of which were, that upon a process instituted by 
the debtor, on his delivering up bis property to assignees 
for the benefit of his creditors, and obtaining the assent of 
a portion of them to his discharge, he should be exempted 
from his debts, as well those where his creditors had as- 
sented, as where they had not. This process, being at the 
instance of the debtors, was never resorted to, until his pro- 
perty was exhausted, and scarcely in any instance availed 
any thing to the creditor. In other states insolvent laws 
were adopted, similar in their provisions to state bank- 
rupt laws, except that they operated to discharge only the 
body of the debtor from imprisonment ; leaving his future 
acquisitions liable for his debts. In several cases deter- 
mined before the supreme court, state bankrupt laws were 
adjudged to be repugnant to that clause in the constitution 
which provided, that no state should pass any law, which 
impaired the obligation of contracts. State insolvent laws, 
which exonerated the body only, were deemed to be 
valid. 

The committee on the judiciary in the house of repre- 
sentatives, early in the session, reported a bankrupt bill, em- 
bracing most of the principles of the English system, and 
the act of 1800. The bill extended to merchants only, and 
provided that, upon the bankrupt's having done certain acts 
indicating a state of insolvency, his creditors, to a certain 
amount, might institute process, by means of which all his 
property, with the exception of a small allowance, was to be 
vested in assignees for the benefit of his creditors, and after 
paying the expenses, and certain privileged debts m full, be 
distributed to them in proportion to their demands as al- 
lowed by commissioners. All proceedings of the bankrupt, 
transferring his property after the act of bankruptcy com- 
mitted on which the petition was founded, were declared 
void. On a fair and honorable disclosure, the bankrupt, 
with the consent of a certain portion of his creditors, was to 
be discharged from all debts owing at tlie time of the act of 
bankruptcy committed. 

Arguments in favor of it. The chairman of the judiciary 
committee, in an able and lucid argument in support of the bill, 
evinced from historical facts, that the most commercial na- 
tions of Europe had for a long time found that a system of 
bankrupt laws were a necessary part of the commercial 
code. At an early period England adopted it; and France, 
Spain, and Holland, at different times followed the example. 



1822. OF THE UNITED STATES. 235 

In the various revolutions which these governments had 
undergone, the bankrupt laws had been preserv^ed entire. 
Hence he mfprred their necessity among a commercial peo- 
ple. The experience of other nations on subjects of this na- 
ture was the surest guide. 

From the facility with which a fictitious capital might be 
obtained, from a spirit of adventurous overtrading, from the 
excessive importations, and the changes m the commercial 
system consequent on the peace, and a variety of other 
causes, the chairman stated, that there were now more in- 
solvent merchants in the United States than at any former 
period. The course usually adopted by the trader, when 
finding himself insolvent, he considered as dishonest, inju- 
rious to the creditor, and of no avail to the bankrupt. This 
was to pay in full certain creditors who stood in the light of 
endorsers and loaners of money, together with some parti- 
cular friends and connections, and leave the others without 
satisfaction, and without remedy, the bankrupt remaining 
subject to all his unpaid debts. The principle of preferring 
endorsers and money-lenders who furnished the adven- 
turer with a fictitious capital, he considered unjust in itself, 
impolitic, and injurious to the interests of commerce. It 
enabled a person without property to obtain a false credit, 
and engage in hazardous speculations, to the ultimate injury 
of himself and the community. 

The practice of holding an honest insolvent always sub- 
ject to a load of debts, which it was utterly out of his power 
to discharge, he considered as of no benefit to the creditor, 
as operating to render the bankrupt and his family a burden 
on their friends or the public ; when if relieved by a judi- 
cious bankrupt Ir.w, he might resume business on a more 
prudent scale, and become a useful member of society. 
These, and a variety of other considerations in support of 
the bill, were enforced with great ability. The argu- 
ment was rather weakened than otherwise by an elo- 
quent appeal to the feelings of humanity in favor of the 
unfortunate bankrupt and his family, a^^d a rhapsody on the 
blessings of the American government, applicable to any other 
subject rather than a bankrupt bill. For this, however, the 
eloquent speaker found an apology in the frequent practice 
of making harangues for the galleries and newspapers, 
rather than the grave legislatures to whom they are ad- 
dressed. 

Against it. The opponents of the bill contended that its 
principle feature, that which went to discharge the bankrupt 



236 HISTORICAL SKETCHES CH. XIII. 

from his debts, without the consent of every creditor, was 
unconstitutional. That it impvaired the obligation of con- 
tracts, in as much as it operated to discharge them without 
a performance. That congress possessed no powers but 
what were delegated to them by the constiiution. That the 
power in question was not necessarily embraced m the 
power to make bankrupt laws ; and not bemg expressly 
given, no restrictive terms were necessary to show that they 
did not possess it. On the other hand, t!ie state legislatures, 
possessing all power not delegated to the general gov^ern- 
ment, a restrictive clause was necessary to prevent them 
from passing laws impairing the obligation of contracts. 

Commercial intercourse, they sa^d, was based upon the 
principle of exchanging a comnio-iiiy which the possessor 
does not need, for oie which he deems of more use to him. 
The equivalent either passes at the same time, or an assu- 
rance given that it shall be ieiivered at a future day. The 
latter is much the most frequent ; it is the foandation of all 
credit, and the principle upon which the great mass of com- 
mercial business is transacted. It is infinitely diversified, 
adapting itself to the situation of each community. It is 
the great business of municipal legislation, to enforce these 
assurances or contracts. In a country so extensive as the 
United States, with a population so varied in their customs, 
occupations, and pursuits, it vvas impossible, they said, to 
frame a bankrupt system, o-oing to discharge a person from 
his contract without a performance, which should have an 
equal operation on all the parts of this great and diversified 
community. It was a sub,Gct more properly left to state le- 
gislatures, better acquainted with the circumstances and 
wants of their constituents. 

But the opposers of the bill relied principally on the in- 
conveniences, and expenses which were found to attend the 
bankrupt law of 1800 ; anH the grent. difficulties which the 
experience of other countries had found 1o be attached to 
the system. They stated that in 1818, a committee of the 
house of commons, of Gr^at Britain, v;ere appointed to take 
into censideration their bankrupt laws, and their operation 
upon the community. That from the testimony taken be- 
fore this committee, much of which was quoted by the 
speakers, it was the opinion o*" many eminent jurists and 
merchants, that the abuses which attended the execution of 
these laws were such, that they had better be repealed. The 
opinion of Lord Chancellor Eldon, whose official station 
gave him more opportunities to know their operation than 



1822, OF THE UNITED STATES. 237 

any other man, was quoted, where he says, " the abuse of 
the bankrupt laws is a disgrace to the country, and it wo-uld 
be better at once to repeal all the statutes, than to suffer 
them to be applied to such purposes. As they are frequently 
conducted in this country, they are little more than stock 
in trade for the commissio ers, assignees, and solicitors." 

The powers given by the bill to commissioners, to send 
their officers into all parts of the union to seize, and bring 
before them the person of the bankrupt, and to break open 
his houses, stores, desks, and trunks, they considered, as 
liable to great abuse, and of a most dangerous character. 
The law would induce adventurers to contract debts, without 
regard to the means of payment, to the great injury of the 
regular commerce of the country ; would increase litigation 
by the number of courts and commissioners to which it 
would give rise, and the conflicting decisions which were 
to be expected. It would encourage the bringing forward 
of fictitious claims, supported by fraud and perjury, and 
while these were contesting in their various stages, the as- 
signees would have opportunities to speculate upon, and 
waste the property committed to their care. This bill af- 
forded a copious subject of discuss' on, and display of legal 
talent, from the middle of January, to the 12th of March, 
when it was negatived, aye seventy-two, noes ninety-nine. 

Apportionment of representatives. The fourth census 
being completed, and returned to congress, it appeared that 
the whole number of inhabitants in the United States, on 
the 1st Monday in August, 1820, was, 9,625,734, of whom 
1,531,436, were slaves ; 223,398, free people of color, and 
7,856,269, wh'te citizens. 

The apportionment of representatives, according to this 
census, became a subject of much interest. Two principal 
objects were to be regarded ; one that the representatives 
should be sufficiently numerous to bring into congress the 
feelings and interests of every portion of the union; the 
other, that it should not be so large and unwieldy as to im- 
pede the judicious and correct discharge of the duties of le- 
gislation. A third object of minor consequence, was to 
adopt such a ratio as would leave the least fractional parts 
in the several states, which of course could not be included 
in the apportionment. A fourth consideration wasf the 
economy of time and money, which would be the result of 
a small representation. Uniform experience on the subject 
of legislation has evinced, that after a given number, and 
that not a very large one, such as would be sufficient to en- 



238 HISTORICAL SKETCHES CH. XIII. 

sure a due degree of information and talent in the represen- 
tation; the correctness, intelligence, and dispatch, with 
which business is done, is in an inverse proportion to the 
number of representatives. This i» peculiarly the case in 
the American congress. On that great national theatre, 
members who possess, or imagine themselves to possess the 
powers of eloquence, have a laudable ambition to display 
their talents, and bring them to the best market. All of 
that class must be heard on every important topic. Hence 
frequent and long speeches after the subject is exhausted, 
and the opinion of every member fixed. The more nume- 
rous the body, the more liable to be influenced by popular 
leaders, the less individual respoT^sibijity, and the less care- 
ful and critical examination of the subjects on which they 
legislate, is to be expected. At the same time avast extent 
of territory, and a rapidly incrc;tsing population, require a 
numerous representation to bring hito congress the neces- 
sary intelligence in relation ro all parts of the union. Dif- 
ferent numbers were proposed, varying from thirty-five to 
seventy thousand, as the ratio for one representative. The 
number ultimately agreed on was forty thousand, without 
regarding the fractional number? in each state, giving to the 
house of representatives two hundred and thirteen members, 
after the 3d of March, 1823. 

British colonial trade. Repeated attempts had been 
made without succ^'r^s to regulate by treaty the intercourse 
between the United States and the British possessions in 
America. The trade betv/een the two countries, as it re- 
lated to the British, European, and East India dominions, 
was regulated by convention «>n liberal and reciprocal terms, 
to their mutual advantage. As it respected her American 
possessions, Great Britain strictly adhered to her colonial 
system, admitting no intercourse with them in American 
vessels, and allowing no articles to be furnished by foreign- 
ers, which she could furnish bcr^^eif. This produced cor- 
respondent restrictions on the part of the United States, 
by which their intercourse in Br-:ish bottoms was prohibited. 
These embarrassments caused an indirect trade, by which 
American preduce Vv'as shipped to the Swedish and Danish 
islands, in American bottoms, where they found the produce 
of the British islands brouo^ht there for the United States 
markets. The double freight and insurance, and increased 
expenses of this circuitous trade enhanced the price of the 
articles, and ultimatelv fell on the consumer. Petitions 
from the chamber of commerce in Baltimore, and a respect- 
able number of citizens of South Carolina, praying for a re- 



1822. OF THE UNITED STATES. 239 

peal of the laws restricting this intercourse, were presented 
to congress at this session. The manifest object of these 
laws, was to protect and encourage American navigation, 
and counteract the British colonial policy. On this sub- 
ject, a sectional difference of interest became apparent. 
The south possessing great staples, and few vessels, felt little 
interest in the question, who should be the carriers of their 
produce, and the importers of their foreign articles of con- 
sumption. On the other hand, the north, possessingno impor- 
tant staple, and depending much on navigation, claimed that 
their shipping should, at least, stand en an equal footing with 
other nations, as to the transportation of merchandise to 
and from their own ports ; and that foreign impositions 
should be met and counteracted by regulations, which would 
effectually secure that object. 

In the senate, these petitions were referred to the commit- 
tee of foreign relations, of which Mr. King, of New York, 
was chairman. That able and eniightened statesman made 
a report on the subject, clearly evincing ihat the honor and 
interest of the United Stages required that British imposi- 
tions should be met and counteracted by regulations on the 
part of this government, adapted to that object. This, he 
stated, was one of the principaJ objects of the federal con- 
stitution, and without which it would not have been adopted. 
That an adherence to this policy is the only method by 
which foreign nations can be brought to agree to commer- 
cial regulations on the basis of reciprocity. That this 
measure, having been adopted on great deliberation, and 
after repeated attempts at negotiation, had failed, could not 
now be abandoned without compromitting the best interests 
of the United States. 

The principles of this report were sanctioned by both 
houses of congress, and the petitions negatived. This firm- 
ness, on the part of the American government, produced the 
desired effect. By an act of parliament of the 24th of June, 
1822, the British colonial ports in America were opened to 
vessels of the United States, and was immediately followed 
by a correspondent liberality on the part of this government. 

Committtee of elections. The reports of committees on 
elections usually contain matter of little general interest. 
That on the petition of General Reid, of Maryland, contest- 
ing the election of Mr. Coulson, contains a fact worthy of 
notice for its singularity. The votes uilowed by the can- 
vassers, gave to each of the candidates an equal number ; 
and the governor and council resorted to%lottery to deter- 



240 HISTORICAL SKETCHES CH. XIII. 

mine who should be the sitting member. The report fur- 
ther stated, that two legal votes for General Reid were re- 
jected, and one illegal one received. This mistake being 
corrected, gave the petitioner one vote over the sitting mem- 
ber, and recommending a resolution giving him a seat in the 
house. The report, after considerable debate, was adopted. 

Death of General Pinckney. On the 26th of February, 
Mr. Lloyd, of Maryland, announced to the senate, the death 
of his colleague. General William Pinckney, the preceding 
evening. The immediate cause of his death was attributed 
to his extraordinary exertions in a cause which he a short 
time before argued before the supreme court of the United 
States. He was obliged, from weakness, to leave the ar- 
gument unfinished, and never afterwards left his lodgings. 
The senate appointed a committee to make the proper ar- 
rangements for his funeral, and immediately adjourned. On 
its being announced to the house, they also adjourned, as did 
also the supreme court. His funeral was attended on the 
27th in the senate chamber, by the president, heads of de- 
partments, foreign ministers, both houses of congress, the 
supreme court, and a numerous concourse of citizens. He 
was the fourteenth member who had died durmg their atten- 
dance on congress. General Pinckney had filled, with dis- 
tinguished talents, several high stations in the United States, 
had represented them in difficult and embarrassed times, 
with great ability at the courts of Madrid and London, was 
at the bead of the profession of law, and stood among the 
first in the national councils. 

Cumberland road. The great national road, called the 
Cumberland road, from a village in Maryland, at the foot of 
the Alleghany, where it commenced, designed to facilitate 
the intercourse between the western states and the seat of 
government, and ultimately to extend through the principal 
towns in the states of Ohio, Indiana, Illinois, Missouri, and 
the territory of Arkansas, to the confines of Mexico, having 
been nearly completed as far as Wheeling, on the Ohio 
river, it became necessary to provide for keeping it in repair, 
either by a direct appropriation from the treasury, or a toll 
on the travel. A bill passed both houses, adopting the latter 
method, and constituting it a turnpike road, and providing 
for the collection of a toll deemed adequate to keep it in 
repair. In the various appropriations which had been made 
for the completion of this work, the question, as to the 
constitutional powers of congress on the subject of internal 
improvements, had been repeatedly discussed. Both houses 



1822. OF THE UNITED STATES. 241 

decided in favor of the power. The opinions of President 
Monroe, and his immediate predecessor, were, that no such 
power was given by the constitution. The road had now 
became a very valuable national property, and its preserva- 
tion must be provided for, or the expenditure of upwards of 
a million of dollars would be lost. Under these circum- 
stances, it was supposed that the constitutional question was 
at rest. The president, however, having deliberately formed 
a contrary opinion, refused to sanction the bill : and in a 
communication of nearly a hundred pages, took occasion to 
instruct congress in the origin and nature of the American 
republics ; to give them a history of the first confederation; 
and a digest of its provisions ; and of the causes which 
subsequently led to the formation of the constitution under 
which they acted, and the objects which it embraced. He 
concluded, by stating the full conviction of his own mind, 
that the powers claimed, were not contained in express 
terms in any of the clauses in that instrument, and that they 
were not the necessary appendages of any other powers. 
The communication evinced much depth of research, and 
contained a great fund of political information, as applica- 
ble to almost any other subject as the one in question. The 
point resolved itself into a mere matter of construction of 
the word necessary^ in that clause of the instrument which 
provides, that congress shall have the power to make all 
laws necessary and proper to carry into effect the powers 
expressly given them. Giving the term a strict construe^ 
tion, confining it to a physical necessity, it excludes the 
power ; giving it a liberal construction, and considering it 
as synonymous with convenient and proper, it unquestiona- 
bly embraces this object. The instrument had been so li- 
berally construed in its various other provisions, that it was 
matter of no small surprise, that so strict a construction 
should be contended for, on a question which related merely 
to the preservation of the national property. The presi- 
dent's communication contained an elaborate argument in 
favor of an enlarged system of internal improvements by 
the general government, and a recommendation to amend 
the constitution in such manner, as to vest congress with 
the necessary powers. A majority of both houses being 
entirely satisfied that they already possessed the requisite 
powers, the recommendation was not complied with. The 
bill, on reconsideration, failed of passing by the constitu^ 
tional majority, and no effectual provision was made for 
21 



242 HISTORICAL SKETCHES CH, Xru = 

the repairs of the road for the approaching season. The 
session terminated on the eighth of May. 

Spanish claims. The eighth article of the Florida treaty 
provided, that the United States should pay to their own citi- 
zens, five millions of dollars, which should be in full of all 
claims, of a pecuniary nature, which either the American 
government, or its citizens, might have on the Spanish. 
The president appointed Messrs. White, King, and Taze- 
well, commissioners to liquidate and adjust the claims of 
individuals, and apportion the money. In the course of 
the examination, a question of much importance to the 
claimants, arose, whether damages sustained by a breach 
of contract on the part of the Spanish government, was 
embraced within the purview of the treaty. The commis- 
sioners were of opinion that they were not, but referred 
the subject to the executive, for ultimate decision. Mr, 
Adams, who negotiated the treaty, and was perfectly ac- 
quainted with the views of all the parties, decided, that as 
these claims were embraced in the renunciation, which ex- 
tended to all cases, statements of which had been presented 
to the department of state, or to the minister of the United 
States in Spain, since the convention of 1812> until the 
signature of the treaty, as well those arising from breach 
of contract, as from the exercise of illegal force, they 
were included in the treaty, and were to be examined, liqui- 
dated, and paid, from the general fund appropriated for that 
purpose. After several adjournments, the commissioners 
closed their sessions in 1823. The amount of claims al- 
lowed something exceeded five millions, rendering a smali 
per centage deduction necessary. 

Northwest coast. A discussion of considerable interest 
arose between the American and Russian governments, or* 
the subject of the northwest coast. By the Louisiana 
treaty the United States acquired the Spanish title to all the 
country north of the Mexican provinces, the northern boun- 
dary of which, as settled by the Florida treaty, was the 
parallel of the forty-second degree of north latitude. This 
title, however, was of very little estimation, as no Spanish 
settlement had ever been made north of that parallel. 
Soon after the close of the revolutionary war, Mr. Robert 
Gray, an American adventurer from Boston, entered the 
mouth of Columbia river, in latitude forty-six, landed, and 
traded with the natives. In the year 1805, Lewis and 
Clark, under an appointment from the president of the 
Unit.ed States, on an exploring expedition, ascended tbf 



1S22. OF THE UNITED STATES, 243 

Missouri, crossed the Rocky mountains, descended the Co- 
lumbia, and wintered near its mouth. This river has its 
source in the region of high lands, which divide the streams 
of the pacific from those of the Atlantic, is the largest of the 
west, and nearly of the size of the Mississippi. No European 
settlements were ever made on the western coast of Ame- 
rica, between the fortieth and fifty-seventh parallels of north 
latitude, until the year 1816 ; when the British attempted to 
form an establishment at the mouth of the Columbia river. 
On a representation of the American claims to this terri- 
tory, to the British government in the year 1818, the settle- 
ment was removed. The subject of establishing a military 
post, and a colony at that place, was then taken up and dis- 
cussed with considerable interest in congress. The reasons 
assigned were, that it would form a convenient rendezvous 
for American vessels trading to the northwest coast, secure 
them from plunder, awe the natives, establish a title ac- 
cording to the European principles of colonization, to a 
large extent of coast and territory, and probably be the 
parent of other settlements. It wascalculated that it would 
extend back, and meet the tide of emigration from the east., 
and complete the extent of the American empire from the 
Atlantic to the Pacific. Since the voyage and discovery 
of Mr. Gray, the American trade had been gradually ex- 
tending itself in that region. It now employed from ten 
t'O twenty vessels. Their outfits consisted of articles of 
small value, which were bartered with the natives for sea- 
Gtter skins and furs. These were transported to China, and 
return cargoes obtained of great value. This traffic, though ex- 
hibiting on the treasury books a great balance of import 
Ijeyond the export, was a source of individual and national 
wealth. 

By an edict of the emperor Paul, in the year 1799, a Rus- 
sian company was formed, for the purpose of trafficking with 
the natives on the northwest coast of America. They formed 
a small establishment on an island in Behring's straights, 
called New Archangel, in latitude fifty-seven. Their privi- 
leges extended south, to latitude fifty-five. In September, 
1821, the emperor Alexander published a ukase, extending 
the jurisdiction of this company still further south, to the 
fifty-first degree, prohibiting all foreigners from any inter- 
course with the natives on the American coast and islands 
north of that parallel, and subjecting their vessels to confis- 
cation if found within one hundred leagues of the shore. 
The edict, though expressed in general terms, was chiefly 



244 HISTORICAL SKETCHES CH. XIIc 

ahned at the American trade, which had been carried on 
with considerable activity and success within the limits ot 
the prohibition. The Russian government justified the pro- 
ceeding on the ground of the discovery of Behring*s straights 
and the neighboring islands, by a navigator of that name., 
in the year 1728, and the consequent settlement at New 
Archangel, claiming that the fifty-first degree of latitude 
being equally distant from this establishment, and the Ame- 
rican territory at the mouth of Columbia river, was the true 
boundary between them : and that they, owning both the 
Asiatic and American coasts, north of that parallel, had a 
right to interdict the navigation of the intervening waters, 
to the extent stated in the ukase. 

The American government claimed, that being in pos- 
session of much the greatest portion of the North American 
continent, and having explored the whole, there was now 
no vacant territory which could be the subject of new colo- 
nization. With existmg European colonies, on this conti- 
nent they had no controversy, but new ones were inadmis- 
sible. This important and commanding ground having been 
taken with firmness, less difficulty has been found in main- 
taining it than was apprehended. The Russian government 
acquiesced so far as to abstain from molesting the Ameri- 
can trade in that quarter. 

Deported slaves. By the first article of the treaty of 
Ghent, it was stipulated, that all territory, possessions, and 
places taken from either party by the other, during the war, 
should be restored without carrying away any slaves, or 
other private property. The British commanders at the se- 
veral posts, having charge of the embarkation, construed 
this provision to extend only to such slaves and other pri- 
vate property as might have come into their possession af- 
ter the ratification of the treaty, claiming that property ta- 
ken in the course of the war was, by the law of nations, 
vested in the captors, and was not either according to the 
letter or spirit of the treaty, to be restored. Regulating 
their conduct on this principle, they carried away a consi- 
derable number of slaves, which they had captured, or en- 
ticed away from their masters during the contest. The 
claim on the part of the American government, in behalf of 
the owners was, that the article embraced all slaves, and 
other private property, in possession of the British at their 
several posts, in the United States, at whatever period of the 
war such possession was acquired. On this principle, much 
the greater part of the property carried off by the British 



1822, OF THE UNITED STATEg. 245 

was reclaimed. By a very wise and humane, though unu- 
sual provision in the treaty, it was stipulated, that if any 
controversy should arise in the execution of its articles, 
about which the parties could not agree, it should be sub- 
mitted to the arbitrament and final decision of some friendly 
power. After several fruitless attempts to adjust this dis- 
pute with the British government, the emperor of Russia 
was selected as the arbiter, to decide the controversy. His 
decision was in favor of the American claim, and the owners 
were compensated from the British treasury. The intro- 
duction and successful application of the principle of sub- 
mitting national disputes to arbitration, is justly ranked 
among the most important events of the present period. As 
nations acknowledge no superior, their controversies must 
be settled, either by the sword, by the acquiescence of the 
weaker to the stronger, however unfounded his claims, or 
by reference to some mutual friend. Could the latter method . 
now happily introduced, be generally adopted,it would form a 
new and important era in the history of man, and go far to re- 
lieve the human family from the desolating scourge of war. 
Russian ukase against freemasonry. Since the acces- 
sion of Alexander to the throne of Russia, the intercourse 
between that nation and the United States has generally been 
of a friendly character. No subject of collision has arisen 
to disturb the harmony, except the one relating to the north- 
west coast, which was settled with much less difficulty than 
usually attends such affairs. The jealousy of the emperor, 
however, in regard to republicanism, and principles of an 
anti-monarchal tendency seemed to increase with his know- 
ledge of the institutions of this country. Freemasonry, a 
society of great antiquity, and co-extensive with the civi- 
lized world, became the subject of his peculiar distrust. The 
members of this fraternity, in different parts of the world, 
hold each other as brethren, and maintain a friendly inter- 
course. However much their principles may, in some in- 
stances, have been perverted, they profess, as masons, to be 
quiet subjects of the governments under which they live, 
and to be opposed to revolutions and conspiracies against 
its authority. The emperor, apprehending that the freema- 
sons of his dominions, by a correspondence with their breth- 
ren in the United States, might imbibe notions hostile to the 
principles of despotism, and introduce the seeds of a revo- 
lution, by a ukase of the 30th of August, 1822, abolished 
the institution, and prohibited, under severe penalties, all 
secret societies in his dominions. All members of such so- 
21* 



'246 HISTORICAL SKETCHES CH. XIII, 

cieties were required to engage in writing, to abandon them, 
and every public officer was further obliged to make a writ- 
ten declaration, whether he belonged to any freemasons ' 
lodge, or other secret society, in or out of the empire, to 
make known the nature of such society, and give a pledge 
that he would not in future belong to any fraternity of thai 
character, on pain of being immediately dismissed from the 
service. The emperor introduces this rescript by a decla- 
ration, evincing his extreme solicitude and jealousy upon 
the subject of political innovations. "The troubles and 
discords," he says, "which have arisen in various other states, 
through the existence of secret societies, some of which, 
under the denomination of freemasons, were at first founded 
for charitable purposes, and others secretly pursued political 
objects, have induced some governments to view them with 
strict attention. The emperor has, from these considera- 
tions, been led to erect a firm bulwark against every thing 
which might be injurious to the empire, especially at a time 
when so many states aflford sad examples of the ruinous 
consequences of the philosophical subtleties now in vogue." 
Decoudray^s expedition. During the contest between 
Spain and her South American provinces, the islands of 
Cuba and Porto Rico maintained their relations with the 
parent state, not however without some revolutionary 
movements. In the year 1822, one Decoudray, a Swiss 
adventurer, came to New York, and in conjunction with 
Baptist Irvine and others, formed the plan of revolution- 
izing Porto Rico ; and setting up an independent govern- 
ment of which they were to be the chiefs. To eflfect this 
object, they fitted out a small armament, and eluding the 
vigilance of the custom-house officers, proceeded to St, 
Bartholomews, the place of their rendezvous, expecting to 
draw to their standard the disaffected of Porto Rico, and 
with them and the slaves of the island to accomplish their 
purpose. The island at this time contained a free popula- 
tion of about 90,000, and 100,000 slaves. It was a place of 
considerable strength, and in the neighborhood of Cuba, 
from whence a force adequate to support the Spanish autho- 
rities might readily be obtained. The rigor of the Spanish 
colonial system had been less felt in these islands than on 
the neighboring continent ; they had been indulged with 
some commercial privileges denied to other colonies ; and 
felt little disposition to put their existence at hazard by a 
revolt. Their weakness and insular situation forbid any 
prospect of success. Decoudray's armament was too feeble 



1823. OP THE UNITED STATES. 247 

and ill-concerted to afford any encouragement. He and his 
deluded followers were captured on their passage from St 
Bartholomews, and doomed to suffer the consequences of 
their folly. ^ 

Second session of the seventeenth congress. The se- 
cond session of the seventeenth congress commenced on 
the second of December, 1822. A quorum of both houses 
assembled on that day, and the customary messao-e was re- 
ceived on the next. It presented a promising aspect of the 
foreign and domestic affairs of the nation. It contained 
nothing of any great interest because nothing had happened 
Jt recommended no important measure, because none was 
deemed necessary. The session, terminating on the third 
ot March, was necessarily a short one. Few acts of general 
interest were passed. The government in all its depart- 
ments and relations was proceeding in a prosperous train 
No great political question was agitated in congress, or 
called forth the energies of that body. 

Vice president's accounts. In virtue of a law of the last. 
session, providing that no payments should be made to any 
public officer, whose accounts were unsettled, and who ap^ 
peared to be in arrear on the treasury books, the paymeni. 
ot the vice president's salary was suspended. That officer 
as governor of the state of New York in the late war, was 
required to call out large portions of the militia to defend 
the city, and the extensive inland frontier of the state 
J^ronithe deranged situation of the national finances, he 
was frequently obliged to provide for their pay and subsist- 
ence on his private responsibility. He had executed the 
arduous duties attached to his military character as captain 
general of the militia of the state, and commandant of the 
military district of New York, with great zeal and fidelity. 
He had incurred responsibilities for the public service o^ 
more than a milhon of dollars, to the detriment of his pri' 
vate credit. The reimbursements from the national trea^ 
sury were not as soon as was expected, or in season to meet 
his engagements. This produced embarrassment and ruin 
m his private affairs. In some instances the subordinate 
agents misapplied the money ; in others the proper vouch- 
ers were not taken ; so that in rendering his account to the 
treasury, on the principles on which its officers were author, 
ized to settle them, he appeared a large defaulter. The 
comptroller instituted a suit against him in the circuit court, 
m which he made it appear that so far from being in ar- 
rears to the government, he was in advance the sum of 



'HS HISTORICAL SKETCHES CH. XIII. 

$136,799.97. A committee of the house of representa- 
lives, to whom the peculiar circumstances of his case were 
referred, reported facts highly honorable to that officer. 
They say that " he had performed all that was required, 
and more than was promised or expected. The protection 
of the city of New York, and the successful issue of the 
•campaign of 1814 on the frontier, was owing in a great 
measure to his exertions." 

The committee reported, that he ought to be allowed in- 
terest on his advances until they were reimbursed, and a 
commission on all moneys that passed through his hands. 
That he ought to be indemnified for losses incurred in con- 
sequence of the government's failing to reimburse the mo- 
neys borrowed by him, at the stipulated time ; and that he 
ought not to be responsible for losses incurred by the fraud 
or failure of his sub-agents. The committee reported a 
bill, which passed with little opposition, directing the ac- 
counting officers of the treasury to settle his account upon 
these principles, and suspending as to him the operation of 
the law of the last session, which prevented the payment of 
his salary. On a final adjustment of his accounts on the 
principles reported by the committee, a balance of $35,190 
^ras found in his favor. 



1823. OF TJIE UNITEP STATK.6% 249 



CHAPTER XIY. 

?;tate of the debt arising from the sale of the public lands— Western banks— 
Proceedings of the secretary of the treasury— Charges against him— Report 
of a committee thereon — Piracies in the West India seas— Their origin- 
Principal haunts— Armament for their suppression— Commodore Porter 
appointed to the command— Key West — Proceedings of the squadron- 
Sickness of the crews — Foxardo affair— Commodore Porter ordered home- 
Court of inquiry — Its report — Court martial — Its proceedings and sentence- 
Commodore Porter engages in the Mexican service — Objections to such a 
measure— His conduct at New Orleans. 

Western debts. In the year 1816, the debt due to go- 
vernment from the western section of the union, arising- 
principally from the sale of public lands, exceeded twenty 
millions. As most of the expenditures of government were 
in the Atlantic states, it became necessary to transfer these 
funds from the west to the east. In this operation, the 
treasury experienced great difficulties. The course of ex- 
change was uniformly against the west. The states in that 
section had followed the example of the east, in incorpo- 
rating numerous banking institutions, with little specie ca- 
pital. Previous to the commencement of the operations of 
the bank of the United States, the local banks of the west 
had necessarily been made the depositories of the govern- 
ment moneys, by the aid of which, they sustained a doubtful 
credit, and extended their operations. By the charter of 
the government bai.k, that institution was made the exclu- 
sive depository of the public funds, in consideration of its 
engagement to transfer them, free of expense, from the 
place of collection, to that of disbursement. In the year 
1817, the operation of transferring the public moneys from 
the local banks, to the branches of the United States bank 
in the west, commenced ; and was attended with great dif- 
ficulties and embarrassments. The state banks were obliged 
to stop discounts ; call in heavy instalments from their cus- 
tomers, and suspend specie payments where it had not 
already been done. Some of the least cautious became in- 
solvent. Great pecuniary embarrassment and consequent 
irritation ensued. A determined hostility against the United 
States bank pervaded the west. Attempts were made to 



250 HISTORICAL SKETCHES CH. XIV. 

drive its branches from the state of Ohio, by an enormous 
tax, which, however, was adjudged to be unconstitutional 
by the supreme court of the United States. 

Proceedings of the secretary of the treasury. The se- 
cretary of the treasury, desirous, as much as was in his 
power, to mitigate these evils, made an arrangement with 
some of the local banks, which he considered the most safe, 
to continue them as the depositories of the public funds, 
with the consent of the bank of the United States. A cer- 
tain portion of these deposits the banks were authorized to 
consider as permanent, and count upon as active capital. 
In twelve banks, deposits of this description amounted to 
$900,000. For this accommodation, the banks agreed to 
pay government drafts when presented, and transfer the 
funds which were not to be considered as permanent, to 
such places as the secretary should direct. Subsequent to 
this arrangement, several of the banks stopped payment, 
with public money in their hands amounting to ^440,820, a 
considerable portion of which was finally lost. 

No financial operations had been attended with greater 
difficulties, since the commencement of the government, 
than the management of the unavailable funds in the west. 
During the period of Mr. Crawford's administration of the 
treasury department, from 1816 to 1824, twenty-one millions 
of dollars had been collected in that section, and realized : 
admitting, then, the whole sum in the hands of the insolvent 
banks to be lost, it would not much exceed two per cent, 
on the whole amount collected, a sum less than could be 
expected, taking into view the state of the currency during 
that period. 

Charge against Mr. Crawford. The whole course of 
Mr. Crawford's administration had proved him to be a man 
of the strictest integrity, and an able and skillful financier. 
His conduct, however, did not escape the severe animad- 
version of his enemies. He had become a prominent can- 
didate in the presidential election of 1824 ; and as is to be 
expected on such occasions, every thing, true or false, which 
could be brought to bear on that question with any sem- 
blance of probability, was brought forward. Near the close 
of the first session of the eighteenth congress, Ninian Ed- 
wards, formerly governor of the state of Illinois, and then 
a member of the senate of the United States, in an address 
directed to the speaker of the house of representatives, and 
transmitted to him by the writer from Wheeling, after he 
had left Washington, to prepare for a mission to Mexico, 



1823. OF THE UNITED STATES. 251 

accused the secretary of the treasury of mismanaging the 
public funds ; violating the law regulating the treasury de- 
partment ; and endeavoring to screen his conduct from the 
view of congress, by giving incorrect and unsatisfactory 
answers to their calls for information relating to the govern- 
ment moneys in the west. 

Report of the committee of the house of representatives. 
On this representation, the house of representatives ap- 
pointed a committee to investigate his conduct, with power 
to send for persons and papers. Before that committee, 
Mr. Crawford made an able, satisfactory, and unanswerable 
defense. In a detailed statement of his transactions with 
the western banks, he was able to show that his conduct had 
been regulated by a strict conformity to the law, and a sa- 
cred regard to the public interest. That the course he pur- 
sued had resulted to tiie advantage of all concerned. The 
committee, in their report, say, "that no intentional mis- 
statement has been made to the house ; that no document 
or information has been withheld from improper motives ; 
and that the result does not show in the treasury department 
any want either of fidelity or prudence in the management 
of the public funds." The report was the more honorable 
to the secretary, as a majority of the committee were his 
political opponents; and though sparing in commendation, 
contains a complete acquittal of the charges. The investi- 
gation silenced his enemies, and placed him on high ground 
in view of the nation. In the same degree, the character 
of his principal accuser suifered. The part he took against 
Mr. Crawford obliged him to abandon his Mexican mission, 
and retire to private life. 

West India piracies. An alarming system of piracy iii 
the West India seas sprang up out of the war between 
Spain and the South American republics, destructive to the 
commerce of the United States. In the early stages of that 
war, those provinces having very little shipping of their 
own, granted commissions for privateering against the com- 
merce of Spain, to any foreigner who applied. Numerous 
vessels were fitted out in the ports of the United States, 
and elsewhere, commissions taken from the republics of the 
south, and a destructive war carried on against the naviga- 
tion of Spain. The business, lucrative at first, became 
much less so, by the precautions of the Spanish government 
to guard against it. Privateering and piracy are nearly 
allied : the latter is often the oflfspring of the former. Fo'- 
reigners, whose nation is at peace with Spain, who can 



252 HISTORICAL SKETCHES CH. XIV. 

make up their minds to rob and plunder her vessels under a 
Buenos Ayrean commission, will, in most cases where the 
prospect of greater gain presents itself, readily engage in the 
same business against the vessels of all nations, without a 
commission. Desperate gangs of this description, of va- 
rious nations, and of all colors, infested the American seas 
from 1818 to 1823, to such an extent as to render their na- 
vigation extremely dangerous. Their robbery was often 
accompanied with the most cool-blooded and barbarous mur- 
der. The question, whether they should murder the crew 
and scuttle the vessel, was determined only by the conside- 
ration of its being the safest course, and was often, and pro- 
bably in the greater number of instances, done. 

Their principal haunts were on the northern coast of the 
island of Cuba, from one to two hundred miles distant from 
Havana. There they found a region uninhabited, out of the 
sphere of the operation of the Spanish authorities, indented 
with numerous small inlets, affording segure places of re- 
treat for their small craft, and inaccessible to vessels of any 
considerable size. The pirates had their agents at Havana 
and Matanzas, to give them notice of the sailing of mer- 
chant vessels from those ports. Such as sailed without 
convoy were almost sure of falling a prey to them. The 
fruits of their plunder were disposed of at those ports with 
very little attempt at concealment. 

The course first taken by the government to protect their 
commerce in those seas, was to place there the Congress fri- 
gate and eight small ships, for the purpose of affording con- 
voys, and suppressing piracies. This force, in the year pre- 
<:eding, November, 1822, captured and destroyed upwards of 
twenty piratical vessels on the coast of Cuba. But it did 
not effectually answer the purpose, as it was not provided 
with the means of following them into their recesses, and 
breaking up their haunts. 

Means taken to suppress piracies. Early in the se- 
cond session of the seventeenth congress, in December, 
1822, an act was passed, making provision for an armament 
of a different description, to consist of liglit vessels and 
boats, calculated to pursue the pirates to their hiding places ; 
and appropriating $160,000 to that object. In execution of 
this law, an additional force, consisting of the Peacock 
sloop of war, a steam galliot, and ten small vessels, carry- 
ing three or four guns each, was provided for the West In- 
dia service, and with the vessels then on the station, placed 
under the command of Commodore Porter. The armament 



1822. OF THE UNITED STATES. 253 

sailed towards the last of February for St. Thomas, the 
place of their first rendezvous. 

Proceedings at Porto Rico. Off Porto Rico, the com- 
modore dispatched a letter to the captain general of that 
island, infornling him of the object of the expedition, re- 
questing hia co-operation, and wishing for a descriptive list 
of the privateers from that island bearing regular commis- 
sions, that the ships under his command might not interrupt 
them. The officer charged with the message, not returning 
as soon as was expected, a second, and a third vessel was 
sent to the port of St. Johns to learn the cause. The latter, 
under the command of Lieutenant Coke, was forbidden to 
enter the harbor. The reason assigned by the lieutenant 
governor, commanding in the absence of the captain gene- 
ral, was, that as one hostile armament had lately been fitted 
out from the ports of the United States, under Ducoudray, 
against Porto Rico, a regard to the safety of the island re- 
quired, that not more than two vessels of war from that 
power should be permitted to enter the harbor at once. The 
Fox, in endeavoring to enter against this order, was tired 
upon from the fort, and Lieutenant Coke killed. On the re- 
turn of the captain general, he disapproved of the measure, 
apologized to Commodore Porter, gave free entrance to his 
ships, and directed the interment of Lieutenant Coke with 
military honors. The little armament was divided into four 
squadrons and sent to reconnoitre the northern coast of 
Cuba and St. Domingo. 

Key West. The commodore then proceeded to Key 
West, which had been designated as a place of general ren- 
dezvous in his instructions. This is the largest of the small 
islands on the Florida coast, denominated keys because they 
guard the passages from the main ocean to the shore. It is 
seven miles long, and two wide, thirty miles distant from 
the nearest land, and seventy from Havana. It was ta- 
ken possession of in the preceding year, by Lieutenant 
Perry, in the schooner Shark, for the purpose of a naval sta- 
tion in the Florida seas. It has a convenient harbor, deno- 
minated Port Rodgers. Its name was changed to that of 
Thompson's island, in honor of the secretary of the navy, 
under whose direction it was occupied. The settlement was 
afterwards denominated Allenton, out of respect to the me- 
mory of Lieutenant Allen, slain by the pirates. 

Success vf the expedition. A more difficult and hazard- 
ous service was scarcely ever undertaken. A long and con. 
stant exposure to a tropical sun by day, and deadly chills 
22 



254 HISTORICAL SKETCHES CH. XIV, 

and damps by nig-ht, constantly threatened the lives of the 
little bands, who were seeking, in open boMs and vessels of 
the smallest size, the haunts of the freebooters amoag the 
rocks and shoals of the uninhabited coasts of Cuba and St. 
Doming-o. They performed it, however, with such signal 
zeal and success, that at the end of sixty days from the com- 
mencement of his operations, the commodore, in his official 
dispatches, was able to say, " that there was not a pirate 
afloat in the region of Matanzas, the scene of their greatest 
depredations, larger than an open boat ; and not a single pi- 
ratical act had been committed on the coast of Cuba since 
he had organized and arranged his forces." He, however, 
very much regrets that the gazettes of the United States had 
given publicity to the fitting out of his armament, its desti- 
dation and object, long before his arrival in the West Indies, 
which enabled the pirates to change their ground, and pre- 
vented their complete destruction; which, otherwise, he 
should have accomplished. Many of them sought other 
hiding places in the southern and south-western coasts of 
Cuba, near cape Antonio, whence, at an after period, they 
renewed their depredations. 

Pardoning pirates. Several convictions for piracy, at- 
tended with aggravating circumstances, were had in the 
courts of the United States, and the convicts pardoned. 
The representations which induced the president to exercise 
the pardoning power in these cases, have not been made 
known. The measure occasioned much animadversion. 
Few crimes less deserve executive clemency. The pirate 
is the professed enemy of the human race ; his victim is the 
peaceful merchant, pursuing his lawful business on the com- 
mon highway of nations. Death in its most appalling 
forms is his usual resort. Pardoning this oifense, after a 
conviction before an enlightened tribunal, justly excites 
alarm. Punishment, not certainly following conviction, is 
deprived of half its terrors. The pardoned culprit is again 
let loose upon society, encouraged to renew his depreda- 
tions, in the hope, in case of a discovery, of a renewed act 
of clemency. 

Sickness of the creios. The important objects of this 
expedition were not obtained without great sacrifices, not 
so much from any recontres with tlie pirates, as from the 
climate and nature of the service. The affair in whicli 
Lieutenant Allen and several of his men were killed, was 
almost the only one attended with the loss of life. In Au- 
gust, the yellow fever, in its moat alarming and deadly form. 



1823. OF THE UNITED STATES. 255 

made its appearance in the squadron. Commodore Porter, 
after nearly falling a sacrifice to the disease, reached the 
United States with a considerable portion of his command. 
Commodore Rogers, with a number of surgeons, was sent 
out to their relief. Porter remained in the United States 
until February, 1824, when he returned and continued on 
the station until the last of May ; when there again being 
some apperance of the fever among the crews, he left his 
post, and came to the United States. The government dis- 
approved of his leaving the station, so early in the season, 
without their orders or consent, and without any sufficient 
cause, and ordered him to return in the John Adams, which 
sailed on the 24th of October, 1824. Just before his return, 
an incident took place which, though of little consequence 
in itself, became important from the transactions to which 
it gave rise. 

Affair at Foxardo. In October, 1824, Lieutenant Piatt, in 
a small schooner, was cruising off the island of St. Thomas, 
about thirty miles eastward of Porto Rico, when the house 
of Cabot, Baily. and Co., merchants of the former island, 
informed him that their store had been broken open, and 
goods to the amount of five thousand dollars stolen out of it, 
requesting his assistance, and offering a reward of a 
thousand dollars for their recovery. Suspicious circum- 
stances led to a belief that they had been carried to Foxardo, 
a small town in Porto Rico. Lieutenant Piatt engaged 
with zeal in the business, and having been furnished with 
a description and sample of the goods, and taking on board 
the clerk of the house, and a pilot from St. Thomas, pro- 
ceeded to Foxardo, and made known his character and bu- 
siness to the authorities of the town. As he appeared be- 
fore them in the dr^ss of a private citizen, without his com- 
mission, and on business no ways connected with his official 
character, he became himself an object of suspicion, and 
was detained with circumstances of some indignity, until 
he could send on board and produce his uniform, and com- 
mission, when he was released without having obtained any 
information or assistance as to the object of his pursu't. On 
Commodore Porter's return, the lieutenant, feeling disap- 
pointed, and indignant at the treatment he received at Fox- 
ardo, reported to him the circumstances. The commodore, 
viewing it as an insult to his flag, and the government whose 
commission he bore, immediately proceeded with three ships 
to the harbor of Foxardo, landed, took possession of a small 
fort which guarded its entrance, marched up the town in 



256 HISTORICAL SKETCHES CH. XIV. 

military style, and demanded an apology, such as he should 
dictate, for the insult offered his lieutenant, threatening the 
destruction of the town, in case of refusal. The required 
apology being given, he re-embarked without doing or re- 
ceiving any injury. 

Commodore Porter superseded. This transaction was 
at variance with the commodore's instructions, which re- 
quired him, by all the means in his power, consistently with 
the honor of his government, to cultivate a good understand- 
ing, and conduct with moderation towards the Spanish au- 
thorities. They considered it as a hostile invRsion of their 
territories, and a violation of their rights. Commodore 
Porter was ordered home, and Captain Warrington ap- 
pointed to succeed him in the command. 

A court of inquiry. A court of inquiry was first held 
to report as well on the general conduct of the squadron, 
while in the West India seas, as on the particular circum- 
stances of the Foxardo affair. The commodore objected to 
the organization of the court, on the ground that two of the 
officers out of the three of which it was composed, were his 
juniors, and refused to make any explanations before them : 
but while the subject was under the consideration of the exe- 
cutive, published a vindication of his conduct, containing 
severe remarks on the secretary of the navy, and on the 
course w^hich had been pursued towards him. The report 
of the court of inquiry was highly commendatory of the ge- 
neral conduct of the commodore, and of the armament under 
his command ; but censuring him for the Foxardo transac- 
tions, imputing them, however, not to any improper motive 
but to an indiscreet zeal for the honor of the service. 

Lieutenant Piatt's undertaking to look up the lost goods, 
of the St. Thomas merchants, was entirely out of the line 
of his duty. Appearing at Foxardo in the capacity of a 
searcher for stolen goods, he could lay no claim to any spe^ 
cial honors as a naval officer of the United States, however 
justice and propriety might require the inhabitants to aid 
him in his object. The commodore's military visit to avenge 
a supposed insult, could be considered in no other light 
than a hostile invasion of a peaceful territory. The weak- 
ness and incapacity of the village to make resistance, ag- 
oravated rather than diminished the offense. 

Court martial. On the facts reported by the court of 
inquiry, the commodore was arrested, and tried by a court 
martial on two charges, the first for disobedience of orders^ 
in the affair of Foxardo ; the second, insubordiate and unof. 



1823. OF THE UNITED STATES. 257 

ficer like conduct, in relation to the time of publishing his 
pamphlet, and its subject matter. 

Defense. His defense, on the first charge, rested on two 
grounds, one, that Foxardo was a piratical establishment, 
which he was authorized to suppress ; but of this there was 
no proof. The other, to which it was mdeed difficult to give a 
satisfactory answer, was that his conduct was fully justified 
by the precedent of the invasion of the Floridas in the Semi- 
nole war. His defense, drawn up with great ability by Mr, 
Jones, compared the case with the precedent in all its ob- 
jectionable points, evincing that as to violation of instruc- 
tions, and unwarranied aggression on the territory of a na- 
tion at peace, he was fully borne out by an example, which 
had been passed over in silence at least, if not approved by 
the executive ; and that his conduct fell far short of the 
precedent. No other answer could be given to this part of 
the defense, than that one bad precedent could not be made 
use of to justify another ; and that if ihe government had 
been too remiss in the first instance, there was the more 
necessity for an example in the second. The defense also, 
went into an elaborte argument to show that the publication 
of the pamphlet in question, was not a military offense with- 
in any of the provisions of the acts for the regulation of the 
navy. 

Judgment of the court. The court martial found him 
guilty on both charges, and sentenced him to be suspended 
from his command for six months. The sentence was ap- 
proved and carried "nto execution. The commodore felt 
himself greatly aggrieved by these proceedings. He had 
voluntarily relinquished an easy and honorable station, as 
commissioner of the navy, for a very difficult, and dangerous 
service, which he had executed with great zeal and success, 
resulting in important benefiLs to his country. For a single 
error in judgment, in relation to the extent of his powers, 
which had been attended with no evil, and which fell far 
short of other cases which had been overlooked, he had 
been taken from his command, ordered home, arrested, tried 
by a court martial, and suspended. Under these impressions, 
he resigned his command in the navy, and entered into a 
negotiation with the Mexican government, by which he be- 
came commander in chief of all the naval forces of Mexico, 
with a salary of twenty-five thousand dollars a year. 

The vigorous measures taken by Commodore Porter and 
his squadron, effectually suppressed piracy in the gulf of 
Mexico, and the West Inckan seas. A small force after- 
22* 



258 HISTORICAL SKETCHES CU. XIV. 

wards proved sufficient to protect the American commerce 
in that quarter. 

Engaging in foreign service prohibited. Commodore 
Porter's engagement in the Mexican service, though war- 
ranted by the usages of European nations, who permit their 
officers, for the sake of. perfecting themselves in the mili- 
tary art, to seek employment in foreign armies, was in di- 
rect violation of the principles of the American govern- 
ment, its laws, and the decisions of its highest tribunals. 
At an early period of General Washington's presidency, a 
pacific, neutral policy was adopted, which has been steadily 
adhered to through every successive administration. In 
June, 1791, an act was passed, prohibiting any citizen from 
enlisting, or entering himself, or hiring, or enlisting any 
other person in the military or naval service of any foreign 
prince or state, under a penalty of a fine not exceeding one 
thousand dollars, and imprisonment not exceeding three 
years.* This statute has been revised and continued with 
some additions to the present period ; and American citi- 
zens have suffered its penalties under the sanction of the 
highest tribunals of the country.f 

The commodore's conduct was a manifest violation of 
the statute, and of much greater moment than the enlist- 
ment of hundreds of private individuals. The Mexican 
government considered his name as a host, and his services 
in their navy as invaluable. But the popularity of the cause, 
the high standing of the officer, and the weakness of Spain, 
against whom his efforts were to be directed, not only 
shielded him from prosecution, but emboldened him to com- 
mit further acts, compromitting the neutrality of the United 
States. With little ceremony, and without asking the per- 
mission of the American government, he made Thompson's 
Island a place of rendezvous, for the Mexican fleet ; a sta- 
tion most convenient to annoy the Spanish commerce with 
Porto Rico and Cuba. At New Orleans, he stationed a 
Mexican vessel of war, off the mouth of the Mississippi, 
and published a handbill, inviting able bodied seamen, and 
others, from any country, to join his standard. In this pub- 
lication, high wages were offered, and a construction put 
upon the prohibitory statute, at variance with common sense, 
the opinion of the district attorney, and all American au- 
thority. He claimed, and induced some deluded persons to 



* Acts of congress, June, 1791, and April, 1818. 

t United States vs. Isaac Williams. Circuit court, district of Conliecticut. 



1823. OF THE UNITED STATES. 259 

believe, that he might, within the jurisdiction of^the United 
States, enUst into his service any persons, who were not 
native or naturalized citizens ; and that any who had ac- 
quired the right of citizenship, might go without the juris- 
dictional limits of the United States, and there enlist in the 
Mexican service ; and for this purpose the brig Guerrero 
was stationed off the Balize to receive them. By these re- 
presentations, he induced twenty persons at New Orleans 
to join his standard. On their way down the Mississippi, 
they were arrested by the officers of government, and sub- 
jected to the penalties of the la^Y. 



260 HISTORICAL SKETCHES OH. XV, 



CHAPTER XV. 

Greece— President's message on the subject— tJommencement and progress 
of the revolution— Applications fo other governments for aid — Views and 
policy of other nations on the subject — Resolutions introduced into con- 
gress to send an ageni, to Greece — Debates on the subject — Liberal donations 
to the Greeks— Alliance of 18'27. of F.ngland, France, and Russia, to put an 
end to the war— The manner lu which their interference was treated by the 
parties— Battle of Navarino— War between Russia and Turkey,favorable to 
theGrecian cause — First iiieeiing ol the eighteenth congress — Message — Ta- 
riff—Report of the committee of manufactures— Debates— Views of differ- 
ent sections and interests of the unio n on the subject— Passage of a general 
tariff bill— Measures taken by the British government and merchants, to 
defeat its operation in )egard to woolens— Massachusetti! claims— Presi- 
dent's message on the subject— Rejected— Bill for the abolishing imprison- 
ment for debt — Its origin — Proceedings of the legislature and courts of 
Kentucky, in relation to the collection of debts— The bill passes the senate, 
and is negatived in the house. 

Greece. In presenting to the view of congress the state 
of Europe, at the opening of the session in 1823, the presi- 
dent took occasion to remark, on the subject of Greece, that 
** the whole civihzed world took a deep interest in their 
welfare ; that a strong hope was entertained that they would 
succeed in their contest, and resume their equal station 
among the nations of the earth. Although no power had 
declared in their favor, none had taken part against them. 
Their cause and their name had protected them from dan- 
gers which might have overwhelmed any other people. 
From the facts which have come to our knowledge," he re- 
marks, *' there is good reason to believe, that their enemy 
has lost, for ever, all dominion over them, and that Greece 
will again become an independent nation. That she may 
obtain that rank, is the object of our most ardent wishes. 
The American people have ever felt a peculiar interest in 
the struggles of any nation for self-government ; contests 
of this nature bring to their recollection the periods of their 
own revolution, and enlist all their sympathies in their be- 
half." The president's ianguage, on this occasion, ex- 
pressed, in appropriate terms, the feehngs of the nation. 

The country of Greece, comprehending numerous islands 
in the Archipelago, and a considerable portion of territory 
in the southeastern section of Europe, and now containing 
a population of a million andahalf of inhabitants, was once 



1823. OF THE UNITED STATES. 261 

the seat of the arts, of learning, and of every thing dear to 
civilized life. For nearly fifteen centuries, this country had 
been subjected to the Turkish yoke. Oppressed by ex- 
actions, limited only by the will of their masters, the inha- 
bitants had no incitements to industry, and had sunk into a 
degraded state. Their condition excited little interest in 
Europe or America. The present race of inhabitants, as 
well as the condition of the country, was considered as form- 
ing a contrast, in almost every particular, with ancient 
Greece. 

Origin of the revolution. The American principle, so 
denominated because it was first successfully maintained in 
the United States, that mankind have a right to govern 
themselves, and enjoy the fruits of their own industry, had 
been gradually gaining ground in Europe, in opposition to 
the claims of despotism. It had found its way into Greece, 
and prepared that oppressed people to embrace the first op- 
portunity of asserting their rights. J 
. In the year 1820, Ali Pacha, a powerful prince of the Otto- 
man empire, revolted against his euvereign ; and as a means 
of furthering his own views, encouraged a revolutionary spirit 
which he perceived was making a faint appearance in Greece. 
At the same time, Ypsilanti, a native Grecian, and hospodar 
of Wallachia, having been deposed, in consequence of his 
being suspected of an attachment to Russia, made his ap- 
pearance among his countrymen, and placed himself at their 
head, in opposition to the authority of the sultan. The 
prospect of a war with Russia, the rebellion of Ali Pacha, 
and the defection of Theodore, the successor of Ypsilanti 
in the government of Wallachia, formed a combination of 
circumstances favorable to the views of the Grecian pa- 
triots. With a population little exceeding that of the state 
of New York, with far less means, and united only by a 
sense of common danger, this poor, depressed people en- 
gaged in a contest for existence with a military despotism, 
commanding twenty millions of subjects. Their cause, in 
its incipient stages, appeared hopeless. In the first year, 
Ypsilanti, disheartened, and disgusted with what he sup- 
posed to be the treachery or cowardice of a corps under his 
immediate command, abandoned them. This, however, 
had not so great an effect as might have been apprehended. 
The nation rose en masse. The spirit of their ancestors 
seemed to pervade the present inhabitants. A war of the 
most brutal and exterminating character ensued. The 
Turks, on the principle of ancient and savage warfare^ raadfc 



262 HISTORICAL SKETCHES CH. XV. 

no prisoners, but either murdered, or sold for slaves, men, 
women, and children, of every character and description, 
that fell mto their hands. The Greeks retaliated to the full 
extent of their means. 

Its progress. The revolution continued its progress ; 
and in subsequent years began to systematize itself, and as- 
sume a regular form. A congress of representatives was 
held at Corinth, in 1822, which framed a government upon 
the republican principle, and assumed the direction of their 
affairs. Agents were sent into different parts of Europe to 
represent their cause, and solicit public and private aid. 
These applications were attended with considerable success. 
Military adventurers to a small extent resorted to their 
standard. But the exterminating and savage character of 
the war prevented them from receiving much aid from 
this source. Contributions however from private sources 
were liberally bestowed. The friends of humanity through- 
out the civilized world took a deep interest in their welfare. 
They felt as though, if ever a cause would justify the inter- 
ference of other powers, between a nation and a portion of 
its oppressed subjects, it was the cause of Greece. But no 
such interference could be obtained. The emperor of Rus- 
sia, who at this period, under the character of the head of 
the holy alliance, directed the affairs of continental Europe, 
saw with pleasure the Ottoman empire wasting its resources 
in a domestic contest. An enemy to republican govern- 
ments in any shape, Greece could expect nothing from him. 
His whole policy on this subject is expressed in a state 
paper, in a short sentence peculiarly his own ; "that the 
visionary notion of the right of the people to govern them- 
selves, had thrown a torch into the midst of the Ottoman 
empire." The various congresses of the allied sovereigns 
whose ostensible object was the preservation of the peace 
of Europe, maintained a studied silence, when a single de- 
claration would have probably made Greece an independent 
nation, and restored peace to that distracted portion of 
Europe. The Grecian deputies sent to the congress of 
Verona were dismissed without a hearing. The people of 
Great Britain, France, and other European nations, espoused 
their cause with ardor, and made liberal donations for their 
relief. The governments observed a strict neutrality. 

American policy towards Greece. In the year 1823, 
Mr. Luriottis, the agent of Greece at London, though the 
agency of the American minister there, addressed a letter 
to Mr. Adams, the secretary of state, soliciting the recogni^ 



1823. OF THE UNITED STATES. 263 

tion of the Grecian republic, the establishment of diplo- 
matic relations, and aids from the government. In reply ,^ 
he is assured of " the deep interest, which the people of 
the United States take m their cause ; but that the measure 
solicited would be a departure from the prmciples adopted 
by the American government in their foreign relations. 
At peace with all the world, their established policy, and 
the obligations of the law of nations, preclude them from 
becoming voluntary auxiliaries to a cause which might in- 
volve them in war. If, in the progress of events, the Greeks 
should be enabled to establish and organize themselves as 
an independent nation, the United States," the secre- 
tary assures him, " would be the first to welcome them into 
the family of nations, to establish diplomatic and commer- 
cial relations with them, and to recognize with special satis- 
faction their constituted state in the character of a sister 
republic." These sentiments were in perfect accordance 
with the public opinion regarding the course which it was 
the duty of the government to pursue. 

Congressional proceedings relating to Greece. In con- 
gress, the remarks of the president on the subject of Greece 
in his opening message, were seconded by a resolution in- 
troduced by Mr. Webster into the house of representatives, 
making an appropriation to defray the expenses incident to 
the appointment of an agent or commissioner to Greece, 
whenever the president should deem it expedient to send 
one. The impropriety of making an appropriation for the 
salary of an officer, whose appointment had not been made, 
or even suggested, by the president, was, in this instance, 
overlooked in the warmth of patriotic feeling. The execu- 
tive, the constitutional organ of communication with foreign 
powers, is altogether best qualified to judge of the propriety 
and expediency of missions, and until they are determined 
on, and notified to congress, an appropriation is premature, 
and is a strong implication of neglect in the executive. 
Powerful reasons existed against this mission at this period. 
The revolution was by no means accomplished. A success- 
ful result was rather to be wished, than expected. The 
war was raging in all its horrors, carried on on both sides 
with savage ferocity. Any aid or interference by the United 
States in favor of one party, would be deemed an act of 
hostility to the other, and subject a valuable trade in the 
Levant to certain destruction. However much the people 
of the United States might be disposed to rejoice in seeing 
their principles of civil liberty springing up and flourishing 



264 HISTOmCAL SKETCHES CH. XV, 

in any part of the globe, they were not disposed to under- 
take a crusade to a distant region in their support. It was 
at least problematical, whether there was virtue and intelli- 
gence enough among the Greeks to establish a regular go- 
vernment on the principles of civil liberty ; and still more 
doubtful whether such a republic would be suffered to exist 
surrounded by powerful monarchies. The introduction of 
the resolution, however, was not to be regretted, except for 
the time occupied in its discussion ; if passed, it would re- 
main a dead letter until the president should think proper to 
make the appointment. It embodied and gave utterance to 
some of the noblest feelings of the human mind. It gave 
the mover an opportunity to rival the best specimens of Gre- 
cian oratory, in bringing to the recollection of his audience 
the high character of its ancient inhabitants ; in describing 
the oppression to which their descendants are subject, the 
tyranny of their masters, and their noble exertions to regain 
their liberties. The same opportunity was improved by 
many others, though at humble distances from the mover. 
The consideration of this resolution occupied a considerable 
portion of the attention of congress for several weeks, and 
it was then negatived by a large majority on the ground of 
its inexpediency. 

Contributions in aid of Greece. The debates on the 
mission to Greece, which as a legislative measure was of 
little importance, echoed the genuine expression of the 
public sentiment, and very much aided in calling forth 
liberal donations in her behalf. Several cargoes of provi- 
sions and clothing were collected and sent to their relief, 
from different quarters of the United States. The principal 
money contributions were employed by a Grecian agent in 
building two frigates in the city of New York. His funds 
failing, obliged him to sell one, to discharge his bills and en- 
able him to equip the other. During the whole course of 
the struggle, while the government has maintained its neu- 
tral position, the people have taken a deep interest in the 
success of the Greeks, and liberally contributed to their 
relief. 

Interference of European powers. 1827. The struggle 
continued from 1820, without the interference of any Euro- 
pean power, until 1827, when England, France, and Russia, 
by a compact between themselves, executed at London on 
the 6th of July, stipulated that the Turks and Grecians 
should cease fighting ; that terms of peace should be pro- 
posed, to which if either party dissented, they should incur 



1828. OF THE UNITED STATES. 265 

the displeasure of the allied powers. By these terms, Greece 
was to remain a province of Turkey, subject to pay a stipu- 
lated tribute, which was not liable to be increased, and was 
to be levied and collected by Grecian officers. That the 
Greeks were to be free to choose their own form of govern- 
ment, which should be administered by their own citizens, 
who were to be appointed by the sultan. The allied powers, 
still professing an entire neutrality, further stipulated to 
take effectual measures to carry their decree into effect, and 
sent a powerful combined naval force, under the command 
of the English Admiral Codrington, into the Mediterranean 
for that purpose. The proposed terms were acceptable to 
neither of the combatants. Greece claimed absolute inde- 
pendence ; and Turkey, absolute submission. 

To a united representation from the ambassadors of the 
allied powers at Constantinople, requiring the assent of the 
sultan to their terms of peace, the divan returned a deter- 
mined refusal, denying their right to interfere in a domestic 
quarrel between him and a portion of his rebellious subjects. 
The allies justified their proceedings, on the ground that the 
contest had arrived at such a stage that it was apparent 
Turkey could not maintain her authority in Greece ; that 
the piracies consequent on the war were destructive of their 
commerce in the Mediterranean ; that it put in jeopardy 
the repose of Europe ; and that the claims of humanity re- 
quired them to cause it to cease. The Greeks, though not 
willing to submit to the terms proposed by the allies, were 
glad of their interference, expecting that it would embarrass 
the operations of their enemies. This expectation was soon 
realized by the destruction of a Turkish fleet of about se- 
venty sail, in the bay of Navarino, on the southwestern 
coast of the Morea. At the same time a war, commencing 
between the Russian and Turkish empires, in which the 
latter was contending for existence, gave the friends of Greece 
sanguine hopes of her ultimate success. This war having 
terminated in the complete vanquishment of the Turks, the 
sultan, in the treaty of peace by which he purchased his 
own political existence, relinquished all claims on Greece, 
leaving them at the disposal of Russia, Great Britain, and 
France. These powers have appointed Leopold, a German 
prince, son-in-law of George IV., to be king of Greece. 
This prince, enjoying an independent and dignified retire- 
ment, has refused the crown. The affairs of Greece being 
m the custody of the three allied sovereigns, a republican 
government is out of the question. To whom the crown 
23 



2QQ HISTORICAL SKETCHES CH. XV< 

will next be offered, or what legitimate will be unwise 
enough to accept it, is yet a matter of doubt.* 

First meeting of the \Sth congress. The first session 
of the 18th congress commenced on the 1st of December, 
1823. On the first ballot, Henry Clay was chosen speaker : 

For Henry Clay 139 

For Philip P. Barbour 42 

The president's message was transmitted on the 2d. It 
contained matter of unusual interest. Its most prominent 
feature was the ground taken in relation to a supposed in- 
terference by the powers of Europe between Spain and the 
southern republics of America. It gave a pleasing view of 
the revenue, commerce, and internal as well as external 
condition of the United States. As a means of increasing 
their prosperity, he recommends " a revision of the tariff', 
for the purpose of affording additional protection to such 
articles as we are prepared to manufacture, or which are 
more immediately connected with the defense or independ- 
ence of the country." On the subject of the further exten- 
sion of European colonies on the continent of America, he 
informs congress, that in the discussions with the emperor 
of Russia in relation to the northwest coast, the occasion 
had been taken of asserting as a principle in which the 
rights and interest of the United States are involved, " that 
the American continents, by the free and independent con- 
dition which they have assumed and maintained, are not 
henceforth to be considered as subjects of future coloniza- 
tion by any European power." 

Tariff. The subject of so arranging the tariff, as to give 
proper encouragement to the productions of the American 
soil and industry, agreeable to the president's repeated re- 
commendations, again occupied a great share of the deli- 
berations of congress. It was almost the only subject before 
them in which their constituents were deeply interested. 
Whether a few thousand dollars should be appropriated to 
defray the expenses of an agent to Greece, whenever the pre- 
sident should think it expedient to send one, a thing which 
could not then with propriety be refused, was a matter of 
very little consequence, and though, as was quaintly observed 
by one of the members, it served to furnish hooks to hang 
speeches on, in point of expense the requisite sum was much 
less than the value of the time consumed in the debate. 



* 1830. 



1824. OF THE UNITED STATES. 267 

But the framing of a judicious system of imposts, which 
should give due encouragement to the fruits of American 
industry, counteract the impositions of other nations, and 
at the same time, as far as was practicable, operate equally 
upon all classes and sections, without being oppressive to 
any, was a work which required much sacrifice of sectional 
interest, great deliberation, and a spirit of mutual accom- 
modation. 

At an early period of the session, the committee on ma- 
nufactures, of which Mr. Todd of Pennsylvania was chair- 
man, reported a bill, comprising a general revision of the 
tariff, adapted to the encouragement of American manufac- 
tures. In its general features, it resembled the bills which 
had heretofore been under discussion for several sessions ; 
and again awakened those opposing interests, and sectional 
feelings, which had heretofore prevented their passage. 
Many of the speakers adopted the Utopian principle, of leav- 
ing business to regulate and protect itself. The general 
arguments, so often brought into view on this subject, were 
reiterated. Every article comprised in the bill, was exa- 
mined with great accuracy, and in all its bearings ; and found 
its supporters and opponents in different sections. The 
agricultural and manufacturing interests in the east and the 
west were united in support of the principles of a protect- 
ing tariff, and constituted a small majority in both houses. 
The commercial and navigating interests of the north, 
joined with the large planters of the south, constituted a 
powerful, intelligent, and persevering minority, opposed to 
any tariff, except for the purposes of revenue. After a dis- 
cussion of ten weeks, the final question was taken on the 
passage of the bill, in the house of representatives, on the 
18th of April, ayes 107, noes 102, absent 2, With con- 
siderable amendments, not affecting the principles of the 
bill, it passsed the senate, ayes 25, noes 22. 

Woolens. The most important article in the bill, was 
that respecting woolens. In the discussion, it appeared 
that goods manufactured from this material, to the amount of 
eight millions of dollars, were annually imported from Great 
Britain : that she refuses American bread stuffs, and every 
article from the United States, which her soil, or the labor 
of her subjects can produce. That the climate and soil of 
the United States is adapted to the growing of wool, in 
quantity and quality sufficient for the consumption of the 
whole population. That they have a decided advantage 
over their rival in water power, and have skill and capital 



268 HISTORICAL SKETCHES CH. XV, 

sufficient, if called into operation by proper encouragement, 
for a full supply. The result was an ad valorem duty on 
this article, sufficient, if honestly collected, in the then pre- 
sent state of the British manufacture, to insure success. 
But English policy, with its accustomed ingenuity, soon 
found means to defeat the object. The duty upon fine fo- 
reign wool, from which the British cloths were principally 
made, was reduced to a nominal amount, and the goods sent 
to America invoiced much below their cost. From the 
combined operation of these causes, the American woolen 
manufacturer soon found himself unaided by the tariff of 
1824. 

Massachusetts claims. By a special message from the 
president, the Massachusetts claims were again brought 
before congress. At the commencement of the late war, 
that state contained about one third of the tonnage of the 
United States, and six hundred miles of seaboard, on which 
were numerous flourishing towns, m a perfectly defenseless 
state. The regular troops were ordered to the Canadian 
border, for the purposes of conquest. By a singular, and 
unfortunate exposition of that part of the constitution which 
relates to the powers of the president over the militia, 
adopted by the state authorities, the militia were withheld 
from the control of the general government, and the com- 
monwealth left unprotected, except by its own exertions. 
Hence arose a debt of more than a million of dollars, in 
defense of the sea board of Massachusetts. These ex- 
penses were necessary, and aside from the constitutional 
question involved in their origin, they were of a meritorious 
character, and most of them stood on as high ground, as 
those incurred by other states for similar objects, which 
had been allowed by congress, and of which Massachusetts 
had paid her proportion. A change in the political charac- 
ter of that state, had assimilated its government to that of 
the union, and restored it to the fellowship of the American 
family. Its legislature had explicitly renounced the obnox- 
ious principle which occasioned the controversy. Under 
these circumstances, the president recommended to cast 
the mantle of oblivion over the political transgressions of 
that state, and make provision for the settlement of her 
claims, upon the same principles that those of other states 
had been settled upon, without reference to the constitutional 
question, which had hitherto prevented their allowance. 
During the period of this dispute respecting the militia, 
Mr. Monroe, as acting secretary at war, had the principal 



1824. OF THE UNITED STATES. 269 

conducting- of the controversy, on the part of the general 
government, and managed it with great talent. He was 
now found to be one of the first to overlook the errors of 
his political opponents. His charity on this subject was 
much in advance of that of the legislature. No vote in 
either house, could be obtained for the allowance of the 
obnoxious claims. 

The subject of establishing a uniform system of bank- 
rupt laws, was again brought before congress. In the house of 
representatives, it was referred to the committee on the ju- 
diciary, who reported, that it was inexpedient to legislate 
upon the subject. 

Imprisonment for debt. In the senate, a bill passed, enti- 
tled an act to abolish imprisonment for debt. It provided, 
that no bail or other surety should be required of the defend- 
ant to hold him to trial on any process issmng from the 
United States courts, unless upon a suggestion to be made 
at the time of issuing the process, verified by affidavit, and 
proved on the return of the writ, that the defendant was 
about to withdraw himself, with his property, from the state ; 
and that no execution, or other final process in civil suits 
should isssue against the body of the debtor, except upon a 
like suggestion, or on an allegation of the fraudulent con- 
cealment of property, on which issue might be taken, and 
trial had before the court having jurisdiction of the cause. 

Origin of the hill for its abolishment. This bill had its 
origin in the pecuniary embarrassments of the west, subse- 
quent to the war. Those inland states, though fertile be- 
yond comparison with the east, in the production of almost 
every article necessary for human sustenance, were without 
a staple which would bear the expense of transportation to 
a distant market, and yield a cash return. In the early 
stages of their settlement, emigrations were abundant ; the 
new comers brought specie, and afl^orded a ready market for 
the surplus produce of those who had gone before them. 
As the population increased, emigrations diminished, specie 
became scarce ; that which had been previously brought 
was rapidly returning to the east. Pecuniary embarrass- 
ments to a great extent were felt by many persons of real 
wealth, who, when money was plenty, had incautiously con- 
tracted debts without foreseeing the consequences. There 
was at this period no sound circulating medium in the west, 
in any measure adequate to the wants of the citizens. Re- 
course was had to the establishment of numerous banking 
institutions, most of which were bottomed, not upon anv 
23* 



j^70 HISTORICAL SKETCHES CII. XV . 

Specie capital actually paid in, but upon the private notes of 
the stockholders, furnishing- no grounds for any safe system 
of banking operations. Banks which meant to maintain 
their credit, and be what they professed, could do but very 
little business ; those which put their credit at hazard by ex- 
tensive discounts soon found themselves obliged to stop 
payment. A circulating medium by which commerce could 
be carried on, and debtors enabled to meet the demands of 
their creditors, was not supplied by these institutions. On 
general principle;-, regulating the intercourse of society, no- 
thing can satisfy the demands of a creditor, but the payment 
in specie of the amount of his debt ; or the delivery of 
some equivalent which he is willing to receive. While 
these principles were rigidly adhered to, property was con- 
stantly passing from debtor to creditor, regulated in amount, 
only by the conscience of the latter. 

Relief laws of Kentucky. To relieve her citizens from 
their pecuniary embarassments resulting from such a state 
of things, Kentucky, the eldest sister of the west, under- 
took an experimental essay, in legislation on the subject of 
the relations between debtor and creditor. The debtor in- 
terest became predommant in the legislative and executive 
branches of the government. It found itself trameled by 
that clause of the constitution, which provides, that ** no 
state shall emit bills of credit, or make any thing but gold or 
silver coin a tender in payment of debts ;" and by an intel- 
ligent and independent national judiciary, competent to pro- 
nounce any law invalid, which should infringe upon the 
principles of that instrument. Under the denomination of 
relief, or as they were more familiarly called stop laws, a 
system of legislation was adopted, calculated to release the 
debtor from the obligation of his contract, or enable him foi- 
a long period to evade payment. A bank was established, in 
which the state was much the largest stockholder,and of which 
it had the direction, without a specie capital, authorized to 
make loans on landed security for long periods, and to issue 
bills promising to pay the amount specified on the face of 
them, on demand, with no expectation of a fulfilment, or 
provision for that purpose, other than what might be obtain- 
ed from the redemption of the mortgages, or sale of the pro- 
perty at some future period. In this scheme, debtors found 
a ready mode of obtaining money of a certain character, 
{t was evident, however, that this was, to every practical 
purpose, only a renewal of the old paper money system, 
■vhich had long since, by universal consent, been abandoned ; 



1824. OF THE UNITED STATES. 271 

and that, in short, it was nothing less than an ingenious at- 
tempt to evade the constitution. The bills, answering no 
purpose for remittance, rapidly depreciated ; creditors re- 
fused to receive them, and debtors found themselves unre- 
lieved. Their credit was attempted to be sustained by a 
law, providing, that in all cases where a creditor refused to 
receive bills in satisfaction of a judgment, execution should 
be suspended on certain terms for two years. Another pro- 
vision was likewise made, that when property was taken 
upon execution, it might, at the option of the debtor, be ap- 
praised, and if it could not be sold for two thirds of its ap- 
praised value, no sale was to be made. The national judi- 
ciary uniformly decided that laws of this character were un- 
constitutional, as operating to impair the obligation of con- 
tracts. The supreme court of the state, notwithstanding 
the popular excitement, with an independence honorable to 
their character, conformed to this decision. Debtors were 
still unrelieved. The judges, holding their offices by the 
state constitution, by a permanent tenure, were not remova- 
ble at the pleasure of the legislature. 

New organization of their courts. Another experiment 
of a singular nature was resorted to. The legislature re- 
pealed the judiciary act under which the court was consti- 
tuted, and immediately re-enacted another, and appointed a 
new set of judges. The old court denied the constitutiona- 
lity of this proceeding, claimed the right of exercising their ju- 
dicial functions, and refused to recognize the existence of 
the new. The latter also entered upon their duties, deny- 
ing the existence of any other supreme court than their own. 
Two supreme courts, each claiming exclusive jurisdiction 
over the same matters, and denying the right of the other, 
sitting at the same time and place, produced a scene of con- 
fusion readily conceived and greatly to be deplored. 

Proceedings in the United States courts. In the mean 
time, the United States courts proceeded in their regular 
course. All cases within their jurisdiction, embracing all 
of any considerable magnitude, where the plaintiff was a fo- 
reigner or citizen of another state, were brought before those 
tribunals. Judgments were rendered and executions issued 
against the bodies and property of debtors in usual form, ac- 
cording to the provisions of the United States judiciary 
act of 1792. Nothing but specie payment, or the imprison- 
ment of the debtor's body could satisfy these judgments. 
No stop laws of the state impeded their execution. The 
debtors, in these suits, were generally the retail merchants 



272 HISTORICAL SKETCHES CII. XV. 

of Kentucky, the middle men, between the wholesale dealers 
in the east, and the consumers in their own neighborhoods, 
and while their bodies and property were exposed to execu- 
tion on the judgments of the United States courts, the state 
laws prevented the collection of debts due them from their 
customers, the actual consumers of the goods which were 
unpaid for. Matters progressed in this downward course, 
involving the citizens of Kentucky in still greater difficul- 
ties at every stage, until a redeeming spirit in the people 
produced a change in their representation, which effected a 
reinstatement of the old court, and a repeal of the stop 
laws. 

The neighboring states watched the progress of this sys- 
tem of legislation in Kentucky with great interest, and 
anxiety. Its result taught them to avoid its evils — to sub- 
mit to temporary inconveniences, which time and a rigid 
economy will always cure, rather than hazard the experi- 
ment of unsettling the principles on which commercial in- 
tercourse is based. During the early stages of this scene 
in Kentucky, and for the purpose of affording relief to a nu- 
merous class of citizens affected by judgments of the na- 
tional com-ts, Mr. Johnson, a senator of that state, intro- 
duced the bill in question, and labored with untired assi- 
duity in its support, for a number of sessions, and finally 
procured its passage through the senate. The house of re- 
presentatives determined that they would not change the 
mode of collecting debts coeval with the existence of the 
states, nor interfere with the existing relations betweeu 
debtor and creditor. 



J 824. OF THE UNITED STATES. 278 



CHAPTER XVI. 



Presidential election of 1825-Different modes of designating the chief ma<is- 
trate m different countries— Original provisions of the American constftu- 
J^^Zrlu "^^"^ '" consequence of the election of 1801— Attempts to 
amend the constitution in the congress of 1823-4-Five candidates ore- 
sented-Their claims-Mr. Calhoun withdrawn-Organization of the Sar- 
iM^TP'^^Ff^*'?"^^"' ^^^ contest-Number of newspapers in the United 
fn?s o7npw v^f ''^'~°'^*^!'""* "^^'^^^ '^f choosing electors-Proceed 
J5fi ''^.^^^Y, York-Congressional caucus-Its result-State of the elee- 
i?,c YOtf^s-Candidates returned to the house-Preparations for the cau- 
hm."^ .nS ^ conduct impeached by Mr, Kremer-Brought before the 
house, and a committee of investigation appointed at the instance of Mr. 
«LTAf*;*.'' P^'oceedings and report— Joint meeting on the 9th of February 
Ztir^^ °^ L ^°u?^ '" ^^If house-Mr. Adams elected-Inauguration-For- 
Smnvni/ ^^t^^^l'^^^-^'^- Adams' course in relation to appointments and 
tiTnnu!7«f ?"* meeting of the 18th congress-Message-Progress of 
Ir^J M? ^i^T' ''''.^7. ^^' Monroe's administration-Proceedings of con- 
fhfr7mhpHS'°" !.^K- /'' ?,^°!*''' imprisonment for debt-Debates on the 
improvTmenfs ''' bi"-Claims of the west on the subject of internal 

Presidential election of 1825. The designation of a 
person to administer the government for the presidential 
term, commencing the 4th of March, 1825, early in Mr. 
Monroe's last period, began to be the subject of much dis- 
cussion. In all well regulated governments it has become 
a settled axiom, that the executive branch must be " one 
and indivisible." Under whatever title this power is exer- 
cised, whether that of president, king, consul, or emperor, 
the trust is of the highest magnitude. 

Different modes of designating the executive. In the 
governments of the eastern continent, some fortunate indi- 
vidual in each has been able to secure to himself, and his 
posterity the enjoyment of this power. The eldest son, 
however inferior his capacity, has usually succeeded to the 
tnrone of his father, with as little controversy as the child 
comes to the inheritance of any other patrimony. In some 
instances, the reigning prince has been allowed to appoint 
a successor by will, and dispose of the territory and subjects 
of the nation, m the same manner that individuals are al. 
lowed to dispose of their acquisitions. In the few instances 
\^here the elective principle has been attempted, it has been 



274 HISTORICAL SKETCHES CH. XVI. 

attended with such confusion and bloodshed, that the people 
have been glad to resort to hereditary succession. They 
have considered it as one of the greaiest calamities to have 
the rig-ht of succession become doubtful, so as to call upon 
thorn to exercise any powers in relation to the choice of a 
national chief In European governments, experience has 
demonstrated that the elective principle is impracticable. 
Recent events in the republics of the south seem to confirm 
the same opinion ; one military chief after another, in rapid 
succession, and at the expense of the blood of his fellow-ci- 
tizens, is placing himself at their head. Far better would 
it be that the executive should be permanent, and hereditary, 
than that the nation should periodically go through scenes 
of bloodshed, and domestic war, or be agitated by a constant 
succession of intrigues between rival aspirants to the office. 

The rapidly increasing wealth and population of the United 
States, their rising importance in the view of Europe, and 
the great patronage attached to the office of chief magis- 
trate, render each successive election more and more a 
matter of intere.«>t. Thousands of individuals, expecting 
more or less personal emolument from the elevation of their 
favorite chief, fall into his ranks, and bring to his aid a nu- 
merous train of dependents. Thousands of others, for the 
mere purpose of making themselves of consequence in the 
scale of society, enter the Hsts. Notwithstanding all the 
evils incident to a popular election of a chief magistrate in 
any form, hereditary accession, or even a tenancy for life, is 
hostile to the first principles on which the American govern- 
ment is based, and is not to be resorted to until all other 
modes have been unsuccessfully tried. 

Original provisions of the constitution. In no part of 
their labors did the fram^ers of the constitution find greater 
difficulties, than in settling the manner of designating the 
chief magistrate. It finally resulted in a mode singular, in- 
tricate, and guarded with pecular caution. Electors were 
to be chosen in the several states, and their votes given for 
two persons, one of whom was to execute the office of pre- 
sident for the ensuing four years, without designating which. 
The person having the greatest number of votes, so be it, it 
was a majority of the whole number of electors, was to be 
the president, and the next highest the vice president. If 
no one had a majority, or if the highest two had an equal 
number, the house of representatives, voting by states, were 
to elect one of the two for president, and ihe next highest 
was of course to be vice president. One object of the h\~ 



1824. OF THF. UNITED STATES. 275 

ter office, to which, except in case of the death of the pre- 
sident, few duties were assigned, was to present as a suc- 
cessor, some prominent character whom one set of electors 
had judged competent to execute the office. Fortunately 
for the happiness and repose of the nation, at the com- 
mencement of the government, there was one candidate, 
and only one, who united all hearts in his favor. By the 
unanimous voice of his fellow-citizens, he sustained the 
office for two successive terms, without any thing deserving 
the name of opposition. At the third election, the distin- 
guished statesman whom two previous sets of electors had 
declared to be competent to the office, succeeded by a full 
vote. The election of 1801 presented a novel and curious 
scene. A party had risen up, and had become a majority of 
the nation, with a very high, honorable, and popular leader 
at their head, opposed to the administration of the elder 
Adams. To insure success, they were obliged to associate 
with their favorite character a man of great talents, but one 
in whose integrity few had confidence, and whom none 
wished to be president. Expecting a close vote, union be- 
came necessary, and the electors not being allowed to de- 
signate either for the office, Jefferson and Burr had a majo- 
jority, and an equal number of votes. This brought them 
both before the house of representatives, with equal claims 
to the presidency. A scene of contention, remembered only 
to be regretted, an lasting several days, ensued, which, after 
thirty-six ballotings, resulted in the choice of the people's 
favorite. 

Amendment. The hazards to which Mr. Jefferson's elec- 
tion was exposed, in consequence of the equi-vote of Burr, 
led to an amendment of the constitution, designed to pre- 
vent the recurrenv^e of a similar event. One of the first 
acts of the new administration was an alteration of that in- 
strument, providing that the electors should designate each 
person to his respective office, and in case no one had a 
majority, the house of representatives, voting by states, 
were to chose one from the highest three to be president. 
This amendment, made at a period of high party excite- 
ment, has been found to be attended with inconveniences at 
least as great as those it was designed to prevent. It has 
diminished the respectability of the vice presidency, re- 
ducing it to a mere make-weight in the presidential can- 
vass. But its most objectionable feature is, that it greatly 
multiplies the chances of bringing the election into the 
liouse of representatives, an event which all experience 



276 HISTORICAL SK-iiTCHES CH. XVI* 

proves ought, if possible, to be avoided. Such an occur- 
rence gives the state of Missouri, with her single re- 
presentative, an equal voice in the decision of an inter- 
esting question with the state of New York, with her 
million and a quarter of inhabitants, and thirty-four repre- 
sentatives. In every contested election, it has been found 
that the relation between the successful candidate and the 
active instruments of his elevation, is of that intimate and 
indissoluble nature, as invariably to lead to an expecta- 
tion of reward on the one hand, and its bestowment on the 
other ; and this must be expected to contmue as long as 
human nature retains those imperfections which render go- 
vernment of any sort necessary. Hereby the republic re- 
ceives detriment. Persons find their way into important 
public stations, which, but for their exertions in the cause 
of a successful chief, they would never have attained. In 
the congress of 1823-4, -two efforts were made to remedy 
the evils expected to result from this source. One, by a 
resolution introduced by Mr. Mills into the senate, for an 
amendment of the constitution, the object of which was to 
restore the original process of electing a president : the 
other, a resolution introduced into the house of representa- 
tives by Mr. M'Duffie, from a committee appointed on the 
subject, providing that electors should be uniformly chosen 
by the people in districts ; and that if, on counting the votes, 
it should be found that no one had a majority, the names 
of the highest two should be returned to the electors, for 
one of which they were again to vote, and the person having 
the greatest number to be president ; and only in case where, 
on such second ballot, there was an equi-vote, should the 
election devolve on the house of representatives. Tliese 
resolutions, and sundry others, having the same object in 
view, underwent various and animated discussions, and were 
finally negatived. 

Although there was no limitation contained in the consti- 
tution, on the subject of a re-election, it had in practice be- 
come a settled principle, that no person should hold the office 
for more than two terms. But for this practice, the popu- 
larity of Mr. Monroe's administration, the general prosperity 
of the country, and the difficulty of concentrating public 
opinion on a successor, would probably have insured him a 
third term. 

Candidates for 1825. Many statesmen of the first order 
were on the stage at this period, but no one so elevated 
above his fellows, as to attract the general attention. After 
considerable vibration of .public sentiment, five candidates 



1824. OF THE UNITED STATES. '^T^^ 

were presented for consideration : Adams in the east j 
Crawford and Calhoun in the south ; Jackson and Clay in 
the west. Each had held distinguished stations in the go- 
vernment, and discharged their duties in harmony with each 
other, and with general approbation. Either of them were 
probably competent to execute the high office to which they 
aspired. The old division of parties, which, during its ex- 
istence, presented but one candidate of each, had long since 
ceased ; and public attention was now directed to five, all 
of the same party, and all agreeing upon the general princi- 
ples on which the government should be administered. The 
old puritanic republican maxim, that public officers are the 
servants of the people, and are to discharge their duties 
solely with a view to their good, has long since been ex- 
ploded, and, in practice, given place to the modern princi- 
ple, that office is to be bestowed as a reward for previous 
service, and to be made subservient to the benefit of the suc- 
cessful candidate and his friends. Hence, in the present 
contest sprang up a furious zeal, among the advocates of 
the aspirants, without even the pretense of any great public 
object, in support of their claims. 

Adams. The office of secretary of state, having under 
its direction the department of foreign affiiirs, necessarily 
leads the incumbent to an intimate acquaintance with the 
general system of European and American policy. It is on 
many accounts the best school for the presidency. The 
iirst talents within the power of the president to command, 
consistent with the principles of fidelity to the party who 
elected him, have been selected for the office. In every in- 
stance, with the exception of the first two presidents, a 
former secretary of state has been elected. Mr. Adams had 
sustained this office, and discharged its duties, with great 
reputation^ during the presidency of Mr. Monroe ; his ta- 
lents were unquestionably of the first order. He had long 
resided at foreign courts, and was intimately acquainted 
with their policy. His friends, and all who held or expected 
office under him, brought forward his claims with great zeal 
and confidence. 

Jackson,. The state of Tennessee, as early as the year 
1822, by a legislative resolution, presented their favorite 
general. They urged in his favor the important military 
services he had performed, and the honor which thereby 
redounded to the country. The southwestern states, who 
had been particularly benefited by his achievements, it was 
expected, would unite in his support. The influence of th? 

24 



278 HISTORICAL SKETCHES CH. XVI, 

army, with whom he was a favorite, was calculated upon 
with certainty. He was considered as the second choice of 
the west, and should any event put Mr. Clay's pretensions 
aside, his success was viewed as almost certain. 

Clay. The rapidly mcreasing population, wealth, and 
importance of the western states, and the fact that Virginia 
and Massachusetts had hitherto always had the honor of 
furnishing a president, gave to the people of the west high 
claims to the office. In the person of Mr. Clay, they pre- 
sented a candidate above all exception, and one whose ta- 
lents and qualifications had commanded universal respect. 
Their local interests, they apprehended, would be greatly 
advanced, by having a president from among themselves. 
The great object of internal improvements, of which Mr. 
Clay was a decided advocate, was of peculiar importance to 
the west, to facilitate their communications with the gulf of 
Mexico, and the Atlantic states. 

Crawford. Mr. Crawford, of Georgia, had been a dis- 
tinguished member of the cabinet for the last ten years. At 
the election of Mr. Monroe, in 1817, he stood next to him 
in the public estimation, and, in a congi-essional caucus, ob- 
tained almost an equal number of votes ; and an understand- 
ing existed between the friends of each, that the unsuccess- 
ful candidate should be the successor. He had represented 
the American government at the court of France, and sup- 
ported its rights with dignity, had superintended the affairs 
of the treasury at a critical period with great ability, and 
repelled the attacks of his enemies, and thrown them back 
with a destructive energy. The south, an old and distin- 
guished section of the union, had high claims to the office, 
and presented in him a highly qualified candidate. 

Calhoun. Mr. Calhoun, of South Carolina, a much 
younger man than either of his competitors, had been early 
elected a member of congress, from the district of Charles- 
ton. He soon became a distinguished member of that body, 
and on the accession of Mr. Monroe, was placed at the 
head of the war department. This station he also filled 
with high reputation. He came forward at first, with con- 
siderable expectation. But on canvassing his claims, and 
comparing tliem with the other candidates, it became evi- 
dent that he could not be chosen : the impolicy of dividing 
the southern interest, became evident ; and Mr. Calhoun's 
friends consented that his pretensions should be razeed 
down, as was quaintly expressed, to the vice presidency. 
They generally fell into the ranks of General Jackson. In 



1824. OF THE UNITED STATES. 279 

this manner the campaign opened. Four candidates of 
high standing, of the same political cast, with nearly equal 
pretensions, and each with a numerous train of followers, 
entered the lists. That portion of the American people 
who had no local or personal prejudices or partialities, and 
no expectation of particular favors, in the outset felt but 
little interest in the event. 

In their opinion, government has been so long in opera, 
t.ion, and the principles upon which it must be conducted so 
well settled, that it might now be kept on its course, with- 
out the aid of those transcendant talents, which were requi- 
site at its commencement. Either of the canditates, as 
well as hundreds of other citizens, were competent to 
manage the helm of the political ship in a perfect calm. 
There are two reasons, however, which lead the American 
people anxiously to wish that the supreme executive and 
the cabinet might be composed of the first order of talents : 
one, that in cheir intercourse with foreign nations, diplo- 
matic ingenuity might be met with at least equal abilityj 
and that their state papers might bear a comparison with 
those of any other nation ; the other, that it might appear 
that the American mode of designating the chief magis- 
trate is better calculated to call into operation the talents 
of the nation, than the European. In the latter, distin- 
guished abilities are not looked for, and are seldom found 
in the chief But the hereditary monarch has the whole 
nation from which to select his cabinet ; is not looking for- 
ward to the fearful period when his powers must cease, or 
be renewed by a popular election, and has no inducement to 
form his council or shape his measures with reference to 
such a period. Under such favorable circumstances, he 
usually has wisdom enough to make a judicious choice, 
and inclination to yield the management of public affairs 
to their guidance. Hence the cabinet, the judiciary, and 
most of the important stations in the British government, 
have for centuries, for the most part, been filled with able 
officers, while but a small portion of talent has been found 
in their chiefs. In practice it has been demonstrated, that 
in republics, the supreme executive, obtaining his office by 
a contested election, has only the instruments of his eleva- 
tion from which to make a choice. This usually excludes 
one half of the national talent. The cabinet and all its 
measures must be shaped to the period of a re-election. 
With all these disadvantages, incident to every republic, 
the American people look back with pleasure and a beco- 



28(r 



HISTORICAL SKETCHES CH. XVf- 



mingf pride on a succession of able ministers since their go- 
vernment commenced its operation. 

Manner of supporting their claims. One of the first 
objects of the combatants in this political campaign, waste 
secure the co-operation of as many of the presses as possi- 
ble, for their respective candidates. At this period, there 
were six hundred* different newspapers in the United States, 
in circulation among a million and a half of electors. With 
few exceptions every elector reads one or more of these 
vehicles of information, and usually forms his opinion of 
public men from that source. Their influence is powerful 
and controlling ; and in an electioneering contest, it is to 
be secured in various ways, by large additions to their sub-^ 
scription lists, for gratuitous distribution ; and by assur- 
ances that they shall have the printing of the public laws, 
and other patronage of the government, usually bestowed 
on the presses whose favorite candidate had been success- 
ful. As the period drew nigh, by the operation of these 
causes, and the indefatigable exertions of the zealots of thc- 
respective candidates, the people were brought to take 
sides m the contest. In all parts of the union, various as- 
semblages of citizens sometimes convened for the express 
purpose, sometimes met for other busines, and often fortui- 
tously brought together, expressed their sentiments by ballot- 
ing for the candidates. In one or two instances, the most 
zealous partisans agreed to settle the question by single 
combat. In these contests some blood has been shed, but 
no lives lost. 

Different modes of choosing electors. Another subject 
of considerable importance and on which public opinion 
was divided, was the mode in which electors should be ap- 
pointed. The constitution provides in very general terms, 
that each state shall appoint their electors in such manner, 
as the legislature thereof shall direct. Under this clause, 
three modes have been adopted. One by districts, a second 
by general ticket, and a third by the legislature. In those 
states where the electors are chosen by districts, each por- 
tion of their citizens had its proportionate influence in the 
election ; but it often happened that the different candidates 
would have majorities in different districts, in consequence 
of which the vote of the state would be neutralized. One 
or the other of the remaining modes, was therefore more- 



* Postmaster general's report 



1824. OF THE UNITED STATES. 281 

usually adopted, which gave the state in all instances, ex- 
cept that of New York, in this election, a united voice. 

Proceedings in the state of New York. In that state 
a law had been passed some time previous to 1824, direct- 
ing the appointment of electors to be by joint ballot of both 
houses of the legislature. In January, 1824, a bill was in- 
troduced into the house of representatives, and passed by a 
considerable majority, vesting the choice in the people. 
This bill was negatived in the senate by a vote of seven- 
teen out of thirty-two. This dispute between the differ- 
ent branches of the legislature, occasioned great excite- 
ment, both among themselves and their constituents. As 
it was necessary to make provision, by a joint act of both 
houses, for the meeting of the legislature in November, for 
the choice of electors, it was apprehended that they woul^ 
disagree upon that subject also, and the vote of the state, 
amounting to one seventh part of the union, be lost. After 
a severe contest, however, the necessary provision was 
made. In the course of the summer, the governor appre- 
hending that the public sentiment was decidedly in favor of 
a choice by the people, and that there probably might be a 
change of sentiment in some of the senators, called a spe- 
cial meeting of the legislature in August, to reconsider the 
subject. The seventeen senators, however, adhered to their 
opinion, declared that there was no extraordinary occasion ' 
warranting the special meeting, and refused to consider the 
subject, or transact any legislative business, and adjourned 
after a fruitless session of five days. At the subsequent 
meeting in November for the choice of electors, the senate 
were in favor of Crawford electors, and the house of repre- 
sentatives, of Adams. After a stormy contest of several 
days, the result was the appointment of twenty-six electors 
who voted for Adamb, five for Crawford, four for Clay, and 
one for Jackson. 

Congressional caucus. The question whether there 
should be a congressional caucus on the subject of the pre- 
sidential election during the first session of the eighteenth 
congress, became a matter of deep interest to the candi- 
dates, and to the members who were expectants of ofRce 
under each. Public sentiment had expressed itself deci- 
dedly against the measure. The legislature of Tennessee 
had denounced it as a flagrant violation of the right of suf- 
frage, and kindly taken the business of nominating a presi- 
dent into their own hands. It was found, however, very 
difficult to overcome that natural propensity which everv 
24* 



2S2 HISTORICAL SKETCHES €11. XVI • 

one in a greater or less degree feels, to improve every op- 
portunity to his own advantage, and in a manner to give the 
greatest effect to his own exertions. Zeal in favor of a suc- 
cessful candidate had the expectation of an ample reward. 
A struggle between these considerations on the one hand, 
and a sense of duty and submission to public opinion on the 
other, produced much diversity of sentiment on this ques- 
tion. At length, after much hesitation, a notice appeared 
in the National Intelligencer of the 6th of February, signed 
by eleven members of congress, inviting the democratic 
portion of that body to meet in the representative's cham- 
ber on the 14th ,^ for the purpose of recommending candi- 
dates for the offices of president and vice president of the 
United States. In the same paper there appeared an oppo- 
sing notice, signed by one member from each state, giving 
information, that, at the request of their respective col- 
leagues, they had made inquiry, and were fully satisfied, 
that of the two hundred and sixty one members composing 
the present congress, one hundred and eighty-one deemed 
it inexpedient, under present circumstances, to hold a cau- 
cus on the subject. On the evening of the 14th of Febru- 
ary, agreeable to the notice of the eleven, sixty-six mem- 
bers assembled in the representatives' chamber, and gave 
sixty-four votes for Mr. Crawford, two for Mr. Adams, one 
•for Mr, Macon, and one for General Jackson, for president ; 
and fifty-seven for Albert Gallatin, for vice president. To 
make out Mr. Crawford's votes, the proxy of Mr. Ball, who 
was absent from indisposition, and that of Mr. Tatnell, of 
Georgia, who had been elected a member of the eighteenth 
congress, but had never taken his seat, were counted. 

The next object was, to legalize this caucus, and render 
its proceedings acceptable to the people ; for this purpose. 
a committee of thirteen were appointed to prepare and pub- 
lish an address to accompany the nomination. In this pub- 
lication, they lament the absence of so large a portion of 
their republican brethren ; they justify their proceedings on. 
the ground of long usage, and the success which had usually 
attended the measure ; they insist much on the importance 
of keeping up old party distinctions, and are lavish in praise 
of their favorite candidate ; and although they admit that 
federalism is nearly extinct, yet they would make the peo- 
ple beheve that there is great danger to be apprehended, 
that a Phcenix may arise from its ashes, to take advantage 
of democratic dissentions, and introduce confusion into their 
ranks. 



1824. OF THE UNITED STATES. 283 

Private character respected in the canvas. Much to 
the honor of the combatants in this contest, private charac-^ 
ter was less assailed than was to be expected, where so great 
an object was at stake. Each seemed to be willing to stand 
on the merits of his own character, rather than on the ruins 
of his adversary. There were, however, some exceptions 
to this prisciple. Mr. Crawford's official conduct as secre- 
tary of the treasury, in relation to the western banks, was 
violently assailed, an<] the attack triumphantly repulsed. 
General Jackson's aberrations from the strict line of the 
constitution, in several of his military operations, were 
brought forward, and urged with great force, to show the 
hazard of placing the supreme power in the hands of a mi- 
litary chief. To evince the danger which democracy might 
have cause to apprehend from his elevation, the private cor- 
respondence, before referred to, between him and Mr. Mon- 
roe, on his first election to the presidency, was ferreted 
out and published, in which the general recommends the 
best talents in the nation, without distinction of party, to 
compose his cabinet. And although, in his opinion, the 
leading members of the Hartford convention ought to have 
undergone a military execution, which he thinks would have 
been the case, had the meeting been held within his military 
district, he was, notwithstanding, of opinion that the eleva- 
tion of Mr. Monroe afforded a fit opportunity to cast the 
veil of oblivion over past errors, to take a straight forward 
course, and to avail himself of the talents and patriotism 
of the whole community, for the general good. A small 
pecuniary transaction between Mr. Adams and one of the 
banks of the district of Columbia, was brought forward to 
impeach his integrity, but without success. 

State of the electoral votes. In the electoral colleges 
the votes were for Jackson ninety-nine, being a majority of 
eleven states ; for Adams eighty-four, a majority of seven 
states ; for Crawford forty-one, three states ; and for Clay 
thirty-seven, also three states. 

According to the provisions of the constitution, the elec- 
tion, from the highest three candidates, devolved on thf^ 
house of representatives, the votes to be taken by states, 
each having an equal voice, and a majority of all the states 
necessary to make a choice. The ill licalth of Mr. Craw- 
ford, and his number of votes compared with the highest 
two, placed him out of the question ; and for weeks before 
the ultimate canvass, Jackson and Adams were cousidered 
as the onlv real candidates. 



284 HISTORICAL SKETCHES CH. XVI. 

The state of the electoral votes was known very soon after 
the commencement of the session, and very little else could 
be done, except to prepare for the canvass in the house of 
representatives. The candidates were all on the ground, 
and looking with great anxiety to the eventful 9th of Febru- 
ary. Three states were represented each by a single mem- 
ber, who, instead of composing one two hundred and thir- 
teenth part of the house, as in ordinary cases, in the deci- 
sion of this important question, represented one twenty- 
fourth part of the union, and his influence and power was 
increased almost in a ten-fold proportion. In such a state 
of things, human nature must have arrived to an unexam- 
pled degree of perfection, to have entirely excluded all 
sinister considerations from the breasts of the candidates, 
and those who were to be the instruments of their eleva- 
tion. 

Canvass in the house of representatives. The superior 
number of General Jackson's electoral votns, the number of 
states in which he had a majority, and the general belief 
that he was the second choice of the west, seemed to insure 
his election. To make his case the more certam, the legis- 
lature of Kentucky, when they saw their favorite candidate 
out of the question, passed a resolution by a majority of 
nearly seven eighths, requesting their delegation to give the 
vote of that state to Jackson. The general's cause remained in 
this promising situation until nearly the close of January, 
when his friends found, to their great surprise,thatthe western 
delegation would support Mr. Adams. This section, by 
uniting with the south, would unquestionably bring in Ge- 
neral Jackson, and by joining the east, would as certainly 
effect the election of Mr. Adams. In this manner, Mr. 
Clay held the destinies of the nation in his own hands. 
The course of reasoning adopted on this occasion, aside 
from the intrinsic merits of the question, was, that by the 
election of Mr. Adams, the department of state would be- 
come vacant, and would probably be conferred on Mr. Clay, 
and would be the proper stepping stone to tlie next presi- 
dency. The west would then be fairly entitled to the office, 
and would have right to claim the support of the east. On 
the other hand, should General Jackson be chosen, there 
will be no vacancy in the office of secretary of state ; and 
from what was then supposed to be the uncompromising 
character of the general, it was not expected that he would 
make one. There could be no well grounded expectation 
that the immediate successor of General Jackson would be 



1824, OF THE UNITED STATES. 285 

taken from an adjoining state ; his elevation, therefore, must 
put an end to the prospects of Mr. Clay in relation to the 
next presidency. We will, therefore, say his friends, sup- 
port Mr. Adams, under a firm belief that he will be selected 
to fill the department of state, and have the support of the 
east, at a future period, for the chief magistracy. 

The peculiar situation of Mr. Clay, who, instead of being- 
before the house as a candidate himself, had the povyer of 
deciding whether Jackson or Adams should be president, 
rendered him an object of extreme suspicion. Every word 
or look of himself, or his friends, was narrowly watched, 
or construed according to the wishes of the anxious ob- 
server. An anonymous publication appeared in a Philadel- 
phia paper, called the Columbian Observer, purporting to be 
a letter to the editor, from a member of the Pennsylvania 
delegation, stating that a corrupt bargain had been made 
between Mr. Clay and his friends on the one part, and Mr. 
Adams on the other, that, if the former would support the 
latter for the presidency, in case of a successful issue, Mr. 
Clay should be secretary of state ; and that similar over- 
tures had been made to General Jackson, and indignantly 
rejected, and expressing the apprehensions of the writer, 
that on this account the election would terminate in favor of 
Adams. 

Mr. Clay answered it by a publication in the National In- 
telligencer, declaring his belief that the letter was a forgery, 
but if genuine, pronouncing the member, whoever he might 
be, " a base and infamous calumniator, a dastard, and a 
liar." This wqfi rf«pliprl to by a publication in the same 
paper, under the signature of George Kremer, one of the 
Pennsylvania delegation, who, without expressly admitting 
himself to be the writer, held himself responsible for the 
correctness of the statements. 

On the 3d of February, Mr. Clay rose in his place, and 
after stating the facts, and requesting that a committee 
might be appointed to investigate the truth of the charges, 
to the end that if guilty he might be punished, and if not 
that his character, and that of the house, which he consi- 
dered as implicated in continuing him as their speaker under 
these aspersions, might be vindicated, resigned the chair to 
Mr. Taylor of New York during the dif:cussion. Mr. For- 
syth moved that the subject be referred to a commiUeeto be 
chosen by ballot. Mr. Kremer avowed himself willing to 
meet the inquiry, and abide the result. After considerable 
discussion, Mr. Forsyth's resolution was adopted on the. 



286 HISTORICAL SKETCHES CH. XVI. 

following day, and a committee of seven appointed. Soon 
afterwards they addressed a letter to Mr. Kremer, inform- 
ing him of the time and place of their meeting, for the pur- 
pose of receiving any evidence or explanations he might 
have to offer on the subject. In a reply of considerable 
length, Mr. Kremer denied their jurisdiction, and declined 
appearing before them, either as an accuser or a witness, or 
for any purpose connected with their commission. No per- 
son appearing before the committee in relation to the busi- 
ness, they reported the fact to the house, and were dis- 
charged. 

Many of Mr. Clay's frieads thought that his extreme sen- 
sibility led him unnecessarily to trouble the house on this 
occasion. Until this proceeding gave consequence to the 
publication, it had appeared only in one paperr, published in 
Philadelphia, not of any great celebrity — had been seen by 
few — was a weak and badly written production, and would 
have passed off as one of the short-lived slanders of the 
day. In the present state of the press, if a public func- 
tionary undertakes to seek out, contend with, or reply to, 
every slanderous publication, he will find little time to devote 
to the service of his country. 

These circumstances led to a developement of the course 
which Mr. Clay took in relation to the presidential election, 
after it was known that he was not one of the three re- 
turned to the house ; by which it appeared that he consi- 
dered General Jackson, though a distinguished military offi- 
cer, as destitute of the requisite talents and qualifications 
for the presidency. That in Ins opinion it wua hazardous to 
the liberties of the country to elevate a person to the chief 
magistracy, the duties of which are all of a civil nature, 
merely because he had been a successfi 1 general. That on 
the other hand he considered Mr. Adams as possessing in 
a high degree the requisite qualifications ; that his talents 
were of the first order, and h^s life had been spent in the 
proper school for the office. With these views, it appeared 
that Mr. Clay had early, decidedly, and unifonnly expressed 
his determination to support Mr. Adams. 

On the 9th of February, at noon, the president of the se- 
nate, accompanied by that body, attended in the representa- 
tives' chamber, and having appointed tellers from each 
house, and opened the votes and caused them to be counted, 
declared the number of votes for each person to their re- 
spective offices, and the result to be that there was no "Choice 
of a president; and that John C. Calhoun was chosen vice 



iB25. OF THE UNITED STATES. 28v 

president for the ensuing term ; and after remarking that 
the remaining duties in relation to the choice of a president 
devolved on the house of representatives, he, with the body 
over which he presided, withdrew. 

The house immediately divided itself into state sections, 
and proceeded to the choice of a president. On the first 
ballot, Adams had the votes of Maine, New Hampshire, 
Massachusetts, Rhode Island, Connecticut, Vermont, New 
York, Maryland, Kentucky, Ohio, Louisiana, Illinois, and 
Missouri — 'IS. Jackson had the votes of New Jersey, Penn- 
sylvania, South Carolina, Tennessee, Indiana, Alabama, 
and Mississippi — 1. And Crawford had the votes of Dela- 
ware, Virginia, North Carolina, and South Carolina — 4. 
The votes of the representatives, taken individually, were 
eighty-seven for Adams, seventy-one for Jackson, and fifty- 
four for Crawford. Mr. Adams, though not having a majo- 
rity of the votes of the electors, or of the house of repre- 
sentatives taken individually, yet having a majority of the 
states, was declared to be duly elected. 

Inauguration. As had been usual on the occasion of the 
coming in of a new administration, the senate was convened 
on the 4th of March, by special call of the president going 
out of office, for the purpose of acting upon such nominations 
as the new chief magistrate should make. The inaugura- 
tion took place on that day with the accustomed ceremonies, 
the only essential part of which consisted in the president's 
taking the oath, before some proper magistrate, " faithfully 
to execute the office, according to the best of his ability, 
and to preserve, protect, and defend the constitution of the 
United States." As there is usually a large collection of 
citizens to witness this transaction, an inaugural address is 
expected. Mr. Adams delivered one of an hour's length, 
highly complimentary to the administration of his prede- 
cessor, professing to follow in his steps, and pledging him- 
self to devote his talents to the good of the nation. 

Principles of forming a new cabinet. The formation 
of a new cabinet, and the course to be pursued by the 
president in relation to rewarding his friends with the offices 
in his gift, were subjects of intense mterest with the multi- 
tudes who had been active in his elevation. For wise rea- 
sons, the constitution has vested the power of appointment 
in the president, with the approbation of the senate, and 
fixed the term of office, except in the single instance of the 
judiciary, to be during his pleasure. This vast power and 
patronage is thus deposited, with an expectation that it will 



288 HISTORICAL SKETCHES C«. ^CVl- 

be exercised for the good of the people. They require at 
the hands of the chief magistrate, that he call forth the best 
talents, adapted to the discharge of the duties of the office 
to which the appointment is made; that the. power of re- 
moval be not exercised in a whimsical, capricious, or re- 
vengeful manner ; and that these powers be not prostituted 
to subserve the private views, or reward the particular 
friends, of the man on whom the duty is devolved. 

Most of the important offices in the gift of the executive 
require the whole attention of the incumbent. Many times 
he is obliged to make great sacrifices, and give up lucrative 
private employments, which cannot be resumed at pleasure, 
to devote himself to the public service. At best, it is a hu- 
miliating circumstance to a high minded man, to hold an 
office on which he must depend for a subsistence, at the will 
of another, even when he supposes that the power of remo- 
val will be exercised with discretion. Some experience, at 
least, is necessary to the due discharge of the duties of pub- 
lic office, as well as in the other concerns of life. These 
considerations ^eem to demand of the executive, great cau- 
tion in the exercise of this high prerogative. They require 
the continuance in office of faithful, intelligent, and talented 
public servants, so long as they discharge their duties 
well. The main reason for vesting the power of removal 
m the president, with no other limitation than that of his 
pleasure, was, that where the incumbent was found to be in- 
competent or unfaithful, he might be discharged without a 
public inquiry. Where the executive, deviating from this 
plain course, adopts the principle of making vacancies for 
the purpose of rewarding the exertions of particular friends, 
or of gratifying a hostile spirit towards political opponents, 
he can expect no honorable man to accept an office under 
his administration. He must look for public servants among 
parasites and sycophants, who, calculating upon a short 
tenure, will make their offices subservient to private views. 
They commence often without talent, always without expe- 
rience, and soon leave them to a new set of expectants. A 
worse state of things cannot be imagined. To such a 
course, however, bad as it is, a new president coming in by 
a contested election, is urged by a host of applicants, which 
requires all the wisdom and firmness of the most exalted 
character to resist. 

Mr. Adams* course. Mr. Adams came into office, not 
in competition with the preceding administration, but with 
a powerful opposition, and with less unanimity than any of 



1825e OF THE UNITED STATES. 289 

his predecessors. His own elevation created a vacancy in 
the office of secretary of state. Mr. Clay, his competitor 
in the outset, but supporter when the contest was between 
him and Jackson alone, both from his talents and place of 
residence, had the highest claims for the appointment. No 
objection existed, except that it would give countenance 
to the imputation of a corrupt bargain. Disregarding this, 
however, Mr. Adams nominated him to the senate, where, 
after encountering a powerful opposition, his nomination 
was approved. Mr. Crawford, likewise a competitor, was 
urged to continue at the head of the treasury department, 
and on his declining, Mr. Rush, a man of distinguished 
talents, though opposed to Mr. Adams' election, was ap- 
pointed. The offices of secretary at war and of the navy, 
were likewise given to his political opponents ; and no va- 
cancies were made for the purpose of bestowing office on 
those who had been instrumental in his elevation. 

Second session of the ISth congress. The second ses- 
sion of the 18th congress, according to the provisions of the 
constitution, commenced on the first Monday in December, 
1824. The message contained, in detail, a statement of the 
foreign relations of the United States, the condition of the 
treasury, and the state of their domestic concerns. The 
president remarked that this was the last time he should ad- 
dress the representatives of the nation on a like occasion. 
The eight years of his administration had been a period of 
profound peace. Public and private credit had recovered 
from the shock incident to the termination of a state of war. 
Upwards of thirty-seven millions of the public debt had been 
paid. Large sums had been paid out in augmenting the 
-navy, and erecting fortifications, presenting an impenetra- 
ble front to a foreign enemy. The Floridas had been pur- 
chased and paid for, an acquisition, important in many points 
of view, and essential to the safety of the southwestern 
frontier. The nation had rapidly increased in population, 
wealth, enterprize, and resources ; and six new states added 
to the union. The old party distinction of federal and de- 
mocratic republicans, which had subsisted from the com- 
mencement of the government, had ceased ; and a new one 
sprang up, growing out of attachments to, and expectations 
of office from, rival candidates for the presidency. The go- 
vernment had gained strength and permanency, had in- 
creased in the affections of the people ; and the nation, as a 
whole, presented an aspect highly flattering to its citizens. 
2-5 



290 HISTORICAL SKETCHES CH. XVI. 

No important public acts were passed this session. From 
its commencement until the termination of the presidential 
contest, that was the all engrossing subject. The excite- 
ment produced on this occasion illy qualified the members 
for the deliberation necessary to the important business of 
legislation ; and the period between the 9th of February and 
the 4th of March, sufficed only to pass the necessary appro- 
priation laws. 

Mr. Johnson again introduced his bill into the senate, 
for abolishing imprisonment for debt, when, after a short 
discussion it was negatived. The state, which he repre- 
sented has, in a great degree, recovered from her embar- 
rassments, and rendered the enactment of such a law un- 
necessary. 

In the house of representatives, a motion to make an ap- 
propriation of one hundred and fifty thousand dollars, to ex- 
tend the great national road from Wheeling to Zanesville, 
a distance of eighty miles, in the state of Ohio, with a view 
ultimately to continue it through the states of Indiana and 
Illinois, to St. Louis, in the state of Missouri, again brought 
up the subject of internal improvements in all its bearings. 
[t was ably supported by Mr. Clay, and others. The claims 
of the west to a share of the public revenue and patronage, 
for the purpose of facilitating their intercourse with each 
other, and with the east, were presented as of equal impor- 
tance with those of the Atlantic states, for the protection and 
safe navigation of their coasts and harbors. After a lengthy 
discussion, the motion prevailed, and the appropriation 
wa s madt-. 



I 825. OF THE UNITED STATES. 291 



CHAPTER XVII. 



J-afayette's arrival and reception in the United States— Extent of his tour- 
Reception by congress — Pecuniary grants — Reasons for making them — His 
departure — Jealousies of the French government regarding his visit — Nura- 
her and general character of the free colored people of the United States — 
Their residence in the slave-holding statty d^fingerous to the white popula- 
tion — Conspiracy of the blacks at Charleston — Law of Souch ('ar> !ina re- 
specting the ingress of free negroes — Seizure of part of the crew of the Bri- 
tish brig Marmion— Proceedings thereon — Resolutions of the senate of 
South Carolina — American colonization society — Its object and proceed- 
ings — Purchase of Liberia and establishment of a colony of free blacks- 
Present state ot the colony — Us wants — Reasons why it should be patro- 

" nized by the government — President Boye;'s invitation to the free blacke 
of the United States to emigrate to Hayti— Its result. 

Lafayette^ s first engagement in the service of the United 
States. Next to the presidential election, the visit of La- 
fayette to the United 'States engaged the public attention 
in the year 1824. This nobleman, born in the year 1757, 
married at the age of sev^enteen, and possessed of a fortune 
of forty thousand dollars a year, in 1776, at the age of nine- 
teen, presented himself to the American commissioners, at 
Paris, and offered his services as a volunteer in the struggle 
then commencing between Great Britain and her North 
American colonies. The cause on the part of the latter 
then appeared desperate. It was viewed by European 
politicians as a feeble rebellion of distant provinces against 
their legitimate sovereign, which would soon be crushed, 
and involve all concerned, in the fate of rebels and traitors. 
The friends of Lafayette, with united voice, endeavored to 
dissuade him from the undertaking. His monarch, but little 
older than himself, who had then just ascended the throne, 
was unwiUing to lose so promising a support, and made 
him the most flattering offers to remain. The French 
ministry, secretly favoring the. American cause, but not pre- 
pared for an open avowal, for the sake of appearances, pub- 
licly prohibited his departure. To all his other embarrass- 
ments were added the persuasive entreaties of a young and 
affectionate wife. But the ardent ambition, and thirst for 
military fame, with which Lafayette was inspired, overcame 
^0 obstacles. Dr. Franklin and Mr. Dean were then at 



292 HISTORICAL SKETCHES CH. XVII. 

Paris, endeavoring to induce the French government to fa- 
vor the American cause. One important object with them 
was, to engage experienced French officers in the service of 
the colonies. Young Lafayette's proposition surprised them, 
and the wary policy of Dr. Franklin induced him at first to 
decline it, urging as an apology the want of means within 
the power of the commissioners to procure a suitable vessel 
for the marquis and his suit. To remove this obstacle, La- 
fayette proposed to procure and equip a vessel, and provide 
a considerable quantity of warlike stores at his own expense, 
and engage in the service without pay. The commissioners 
accepted his offers, and recommended him to congress. 
Early in the year 1777, at the age of twenty, he presented 
himself to that body, was received into service, and ap- 
pointed a major general, but without a designation to any 
particular post. He served for a considerable time as a vo- 
lunteer, under the immediate eye of General Washington, 
until the discriminating judgment of the commander in 
chief had become fully satisfierl of his military talents, when, 
by his advice, congress intrusted him with an important se- 
parate command. Near the close of the year 1778, he re- 
turned to France, and by his representations and influence 
with the French court, obtained a more active and efficient 
aid to the American cause. The next year he returned to 
America, and was intrusted with the command of the divi- 
sion of the army opposed to Lord Cornwallis, in Virginia. 
At the battle of Brandywir.e, he was severely wounded in 
the leg, the effects of which are still visible. He bore a con- 
spicuous part at the siege of Yorktown, and soon afler its 
fortunate termination, returned to France. 

His imprisonment in Germany. In the early stages oi 
the French revolution, the marquis took an active part. 
Having imbibed his notions of political liberty, in the school 
of Washington, he was equally opposed to the despotism of 
unlimited monarchy, and the madness of Jacobinism. For 
France he wished a limited monarchy, bottomed on the prin- 
ciples of the British constitution. With little of the ver- 
satility characteristic of his countrymen, he pursued one un- 
deviating course, which rendered him obnoxious to the 
reigning powers, as they successively obtained the ascend- 
ancy in France. With an unyielding consistency and in- 
tegrity of character, he was alike the object of suspicion 
and jealousy with Frenchmen, and the powers combined 
against them. Afler five years imprisonment, most of 
which was entirely solitary, in the dungeons of Magdeburg 



1825. OF THE UJflTED STATES. 29tl 

and Olmutz, he was liberated, at the solicitation of General 
Washington, and returned to La Grange, his family man- 
sion in France. 

Opposed in principle to the military despotism of Bona- 
parte, he was ever viewed by him with a jealous eye : on 
the restoration of the Bourbons, less civil liberty was ac- 
corded to the people, than consisted with the views of 
Lafayette, and he still continued an object of suspicion with 
the reigning powers. Feared, hated, and suspected by 
every successive administration, he lived a retired and agri- 
cultural life, except when called by the people to take a part 
in the deliberations of the legislative chambers, where he 
ever appeared the champion of rational liberty. He enter- 
tained, with an enthusiastic hospitality, every American 
who visited his retirement : from them he learned the stabi- 
lity of the government, and the rapid advances of the United 
States. 

His visit to the United States. In 1823, he made known 
his intention of visiting America. On being apprised of 
this, congress passed a resolution, expressing their grateful 
recollection of his services, and requesting the president to 
offer a public ship for his accommodation. He, however, 
preferred a private vessel, and took passage in the Cadmus, 
Capt. Allen, at Havre, and arrived at New York on the 15th 
of August, 1824, accompanied by his son and Mr. Levas- 
seur. His departure from France was noticed by the go- 
vernment with a jealousy as extraordinary as it was unne- 
cessary. No political objects were m contemplation of the 
general, his sole view being to pay a private friendly visit to 
the scenes of his early life. The civil and military authori- 
ties on the road, and at the place of his embarkation, were 
prohibited from showing him any respect, or to do any thing 
to facilitate his departure. Their police and espionage ma- 
chinery was put in requisition, to embarrass him. 

In visiting America, almost half a century from the period 
of his military career, and at the age of nearly seventy, the 
general could hope to find few of his former associates in 
arms. Most of them had paid the debt of nature. A second 
and a third generation had succeeded. He expected to pa«s 
silently and unnoticed among the tombs of his comrades, 
and as a stranger among their descendants, with now and 
then the melancholy satisfaction of taking an old fellow-sol- 
dier by the hand. 

His receptio7i. His pleasure was only equalled by his 
surprise, when he found his approach to the American 
25* 



294 HISTORICAL SKETCHES CH. XVW 

shores, hailed by twelve millions of joyous and happy citi- 
zens, ready to receive him with open arms, and disposed to 
impute their present felicity in a great degree to his exer- 
tions. History furnishes no record of an individual's receiv- 
ing so universal and spontaneous a demonstration of re- 
spect. At the entrance of New York bay, he was received 
and conducted to the residence of Governor Torapidns, on 
Staten Island. On the next day, preparations were made 
for his reception in the city. Business was suspended, and 
at an early hour the whole population was in motion, to 
witness the landing of their respected guest. The ringing 
of bells, the roar of cannon, the waving of the national 
flag, and the parade of the military, proclaimed it a day of 
universal joy. Before twelve, the battery, the wharves, 
and every place commanding a view of the passage from 
Staten Island to the city, appeared one dense mass ol' 
human beings. The numbers collected, were estimated at 
least at fifty thousand. At ten o'clock in the morning, a 
steam ship, manned with two hundred Americans, and de- 
corated with the flags of the various nations whose ships 
were in the harbor, put off" for Staten Island, accompanied 
with six large steamboats crowded with passengers, and 
animated with bands of martial music. The committee ol" 
arrangements, the officers of the United States army and 
navy, the general officers of the New York miUtia, and the 
committee of the Cincinnati society, proceeded to the island, 
and received the general on board. The squadron, ac- 
companied by the shipping in the harbor, then moved 
for the city. At two o'clock the general landed al 
the battery, and was received by a salute from the military, 
accompanied by the reiterated cheers of the immense con- 
course of citizens, assembled to bid him welcome. Atler 
resting a few minutes, he proceeded in an elegant ba- 
rouche, escorted by the dragoons and troops of the city, 
through Broadway, to the city hall, where he was received 
by the municipal authorities, and conducted to the city hotel, 
fitted up for his reception. The mayor* took him by the 
hand, and bade him welcome, in the following appropriate 
and affectionate terms "In the name of the municipal 
authority of the city, I bid you a sincere welcome to the 
shores of a country, of whose freedom and happiness you 
will ever be considered one of the most honored and beloved 
founders. Your cotemporaries in arms, of whom indeed 
but few remain, have not forgotten, and their posterity will 

^Stephen Allen. Esq 



1825. OF THE UNITED STATES. 295 

never forget, the young and gallant Frenchman, who conse- 
crated his youth, his talents, his fortune, and his exertions 
to their cause, who exposed his life, and shed his blood, that 
they might be free and happy. They will recollect with 
profound emotions, so long as they remain worthy of the 
liberties they enjoy, and of the exertions you made to ob- 
tain them, that you came to them in the darkest period of 
their struggle, that you linked your fortunes with theirs, 
when it appeared almost hopeless, that you shared in the 
dangers, privations, and sufferings of that bitter struggle, 
nor quitted them for a moment, until it was consummated 
on the glorious field of Yorktown. Half a century has 
elapsed since that great event, and in that time, your name 
has become as dear to the friends as it is inseparably con- 
nected with the cause of freedom, both in the old and new 
world. The people of the United States look up to you 
as one of their most honored parents, the country cherishes 
you as one of her most beloved sons. In behalf of my 
fellow-citizens of New York, and speaking the common 
and universal sentiments of the whole people of the United 
States, I repeat their welcome to our common country.'' 
The general's reply, as might be expected, was full of warm 
expressions of affection and respect. He said, " the sight 
of the American shore, after so long an absence, the recol- 
lection of the many respected friends and dear companions 
no more to be found in this land, the pleasure to recognize 
those who survive, the immense concourse of a free repub- 
lican population, who so kindly welcome me, have excited 
sentiments which no language is adequate to express. It is 
the pride of my heart to have been one of the earliest 
adopted sons of America." The general remained in New- 
York four days, visiting the public places, and receiving the 
congratulations of the citizens. Thence he proceeded to 
Boston, in an elegant carriage provided by the corporation, 
and attended by four aldermen of the city. His tour east- 
ward as far as Portsmouth, lYew Hampshire, southward as 
tar as Savannah ; south-westward to New Orleans, and 
westward to St. Louis, in the state of Missouri, and back 
to Boston, a journey of upwards of five thousand miles, 
which he performed in the course of the year, was every 
where marked with the same respectful attentions and con- 
gratulations. The manner of his reception at New York 
with the variations necessarily resulting from the magni- 
tude of the places which he visited, and other circum- 
stances, affords a fair specimen of the modes of welcoming 
him, throughout the United States. Welcome Lafayette, 



:>J9G HISTORICAL SKETCHES CXI. XVII, 

Health, happiness, honor, and Jong life to the nation's 
guest, resounded from every quarter of the union. In no 
one object was America so united, as in hononng her favor- 
ite adopted son. The scene throughout exhibited a con- 
test between French and American politeness, in which 
republican manners approached very nearly to the etiquet 
of polished courts. 

Among the thousands that welcomed him at Cincinnati, 
was an old German female, who was one of the first of 
human beings that he saw on leaving the prison of Olmutz, 
and who then presented him, all she had to give, a cup of 
milk, and a three franc piece for his journey. Poverty had 
driven this good woman from her humble dwelling near that 
prison, to the banks of the Ohio, where she enjoyed the ex- 
quisite pleasure of greeting him who had once been the ob- 
ject of her compassion and charity. 

Proceedings in congress. At Washington, on the lOtii 
of December, he was introduced by a committee of one 
from the representation of each state, into the hall of the 
house of representatives, and by the speaker, in the name 
of the whole people of the United States, bid a cordial 
welcome. The general replied in language expressive of 
his high sense of gratirude for the distinguished honor. On 
this occasion, the members of the senate, the officers of 
state, the foreign ministers, and the beauty and fashion of 
the city attended. After the mutual congratulations, the 
house immediately adjourned, and the speaker introduced 
each member individually to the general. Congress how- 
ever could not satisfy themselves, or do justice to the pub- 
lic feeling, without giving their illustrious guest a more sub- 
stantial token of the nation's gratitude. By the sacrifices 
he had made to the American cause, and the confiscation 
of his property by the revolutionists in his own country. 
Lafayette had become poor. A numerous family looked to 
him for support. Out of favor, and without employment hi 
his own government, he had not the means of supporting 
them in the style which their rank in society required. In 
his message at the opening of the session, Mr. Monroe no- 
ticed in appropriate and affectionate terms, the arrival of 
Lafayette, and recommended to congress, that, " consider- 
ing his very important services, his losses and sacrifices, 
such provision should be made and tendered to him, as 
should correspond with the sentiments and be worthy the 
character of the American people. A committee of the 
senate, to whom the subject was referred, reported two 



1825. OF THE UNITED STATES. 297 

resolutions, one granting him the sum of two hundred thou- 
sand dollars, to be raised by creating a stock to that amount, 
bearing six per cent interest, irredeemable for ten years, 
that he might either enjoy the interest as an annuity, and 
leave the principal to his family, or convert it immediately 
into money, if his necessities required. The other grant- 
ing him a township of six miles square, to be located in 
any of the Unappropriated lands where the president should 
direct. 

In their report, the committee make an estimate of the 
property expended, sacrifices made, and services rendered 
by the general in the cause of America, evincing that the 
grants contemplated in the resolutions were due to him in 
point of justice, as well as on the score of gratitude. As a 
further reason for adopting the resolutions, the committee 
stated, that congress had heretofore granted him eleven 
"thousand acres of land, to be located in any unappropriated 
territory of the United States. That in 1804, his agent lo- 
cated it in the neighborhood of the city of New Orleans. 
That in 1807, congress confirmed the title in the city coun- 
cil, to all lands lying within six hundred yards of the limits 
of the city, which embraced a considerable portion of the 
grant as located by the agent of Lafayette. The general, 
being informed of these circumstances, and also being ad- 
vised that his title, being the eldest, was superior to that of 
the city, replied that having received this as a bounty from 
the United States, he should have no controversy with any 
of their citizens respecting the title, and directed his agent 
to enter a relinquishment. And that this land was now 
worth five hundred thousand dollars. These resolutions, 
after encountering some opposition, on the ground that there 
were many mentor'ous officers, citizens of the United 
States, now living in poverty and dependence, whose 
services were unrewarded, passed both houses by large majo- 
rities, and were presented to the general by a joint commit- 
tee, accompanied with a highly complimentary address, to 
which he replied, that " the immense and unexpected gift, 
which in addition to former and considerable bounties it has 
pleased congress to confer upon me, calls for the warmest 
acknowledgments of an old American soldier, an adopted 
son of the United States, two titles dearer to my heart than 
all the treasures of the world." 

His return to France. The general, after making a 
second visit to Boston, to witness the laying the corner 
rtone of the Bunker hill monument, erected in commemora- 



298 HISTORICAL SKETCHES CH. XVir. 

tion of tlie memorable battle fought on that spot on the 17th 
of June 1775, just half a century before, returned to Wash- 
ing-ton, preparatory to leaving the United States. The 
Brandywine, a newly built American frigate, had been pre- 
pared for his accommodation, and on the 7th of Septem- 
ber, 1825, he took an affectionate leave of the president, 
and numerous citizens assembled on the occasion, and em- 
barked for his native country. His last act before he left 
America was evincive of the goodness of his heart. Having 
heard that General Barton, an old fellow-officer of the revo- 
lution, had been incarcerated in a jail in Vermont, for debt, 
for thirteen years, he addressed a letter to General Fletcher, 
enclosing a draft to the amount of the demand, and request- 
ing his discharge. 

The extraordinary marks of respect shown to Lafayette 
by the republicans of America, were not calculated to allay 
the jealousies of the French monarch. Such attentions 
were considered as due only to crowned heads, aiid it 
seemed a kind of profanation to bestow them on any object 
short of royalty. The jealousy and distrust with which 
any thing of this kind i'-- viewed by the monarchs of Europe, 
show by how precarious a tenure, in their own estimation, 
they hold their thrones. The editors of French journals 
were strictly prohibited from publishing from the American 
papers the accounts of the respect shown Lafayette. The 
editors are obliged to send their papers to the police office 
before publication, where they are examined by a censor, 
and every thing offignsive to the government stricken out. 
By this operation the French journals were purged of every 
thing relating to the reception of Lafay-.'tte in America. 
Notwithstanding the injunctions of the French ministry 
against showing him any marks of respect, the friends and 
neigjibors of the marquis, by whom he was universally be- 
loved, assembled in great numbers, and greeted his return 
with a joyous welcome. 

Free people of color. The number of free colored 
people of the United States, m which there is a greater or 
less proportion of African blood, amounts to two hundred 
and thirty. eight thousand.* With many honorable excep- 
tions, this population is of a vicious character. Though 
not slaves, they are not admitted to the jirivileges of free- 
men ; have no voice in the election of their rulers; and are 
not themselves eligible to office. Their degradation de- 

* Census of 1820. 



1825. OF THE UNITED STATES. 299 

stroys the usual incentives to industry and virtuous conduct. 
Vice and crime are much more frequent among them, than 
among any other description of people. In the non-slave- 
holding states, this class of people are not dangerous. 
They for the most part do the menial services of society, 
for the same, or less expense, than it requires to purchase 
and support slaves. The records of courts of criminal ju- 
risdiction, show convictions from among them of at least 
three to one compared with the whites, in proportion to the 
whole population. Where slavery is practiced, they are 
viewed as extremely dangerous. Excluded from associating 
with the whites, they mingle with those of their own color, 
and encourage desertion and revolt. Their habitations fur- 
nish places of resort for disaffected slaves, where insurrec- 
tion and murder are plotted, and means provided. 

Conspiracy of negroes at Charleston. In the year 
1822, a conspiracy was set on foot at Charleston, among 
the blacks, to destroy the city, and massacre the inhabit- 
ants. It was managed with much secrecy and adroitness, 
and discovered but a short time before it was to have been 
carried into execution. It resulted in the conviction of 
eighty of the conspirators, thirty of whom suffered capital 
punishment. Though this conspiracy was among the slave 
population, the free colored people were supposed to be its 
principal instigators. Suspicion and alarm concerning them 
was much increased by this event. 

Act of South Caroli7ia. In the following December, the le- 
gislature of South Carolina, excited by the danger to which 
their principal city had been exposed, enacted a law, pro- 
viding that if any vessel should enter their ports, either from 
another state or a foreign country, having on board any free 
persons of color, as part of her crew, such persons were to be 
seized, and confined until the departure of the vessel, when 
the captain was required to take them away, and pay the ex- 
penses of their detention. On his neglect, he was liable to 
two months imprisonment, and a fine of a thousand dollars, 
and the persons so left were to be sold for slaves. In the fol- 
lowing year, the Marmion, a British vessel, arrived in the 
port of Charleston, when four of her crew, being persons of 
the description specified in the act, were taken and impri- 
soned, by virtue of its provisions. These proceedings were 
the subject of a spirited remonstrance from the British mi- 
nister. The question, whether this act was compatible with 
the rights of nations, in amity with the United States, and 
with the constitution, was submitted to the attorney gene- 



300 HISTORICAL SKETCHES CH. XVII, 

ral. His opinion was, that the act was incompatible with 
both, and that the proceedings at Charleston were a viola- 
tion of existing treaties between Great Britain and the 
United States. 

Proceedings of the governor and senate of South Caro- 
lina. The papers on the subject were transmitted by the 
secretary of state, to the governor of South Carolina, with a 
request that the evil might be corrected by the legislature of 
that state. In communicating these papers to the senate, 
accompanied with a proposition from the legislature of 
Georgia, so to amend the constitution, as that it should not 
be construed " to authorize the ingress of any persons of 
color into any one of the United States, contrary to the 
laws of such state," the governor, after a labored argu- 
ment, to show the right of the state to pass laws of that 
character, remarked, " that there should be a spirit of con- 
cert and action among the slave-holding states, and a deter- 
mined resistance to any violation of their local institutions. 
The crisis seems to have arrived, when we are called upon 
to protect ourselves. The president of the United States, 
and his law adviser, so far from resisting the efforts of a fo- 
reign ministry, appear to be disposed, by an argument drawn 
from the overwhelming power of the general government, 
to make us the passive instruments of a policy, at war not 
only with our interests, but destructive also of our national 
existence. The evils of slavery have been visited upon us 
by the cupidity of those who are now the champions of uni- 
versal emancipation. A firm determination, to resist at the 
threshold every invasion of our domestic tranquillity, and 
to preserve our sovereignty and independence as a state, is 
earnestly recommended; and if an appeal to the first prin- 
ciples of the right of self-government be disregarded, and 
reason be successfully combatted by sophistry and error, 
there would be more glory in forming a rampart with our 
bodies, on the confines of our territory, than to be the vic- 
tims of a successful rebellion, or the slaves of a great conso- 
lidated government." 

The senate responded to this tirade of their governor, by 
a majority of thirty-six to six ; resolving, 

" That they had carefully considered the documents trans- 
mitted to them, relating to the laws regulating the ingress 
of free people of color, and can as yet perceive no departure 
irom the duties or rights of this state, or of the United 
States, in. that law. 



1825. OF THE UNITED STATES. 301 

"That they see, with profound regret, the alarming 
symptoms of an unconstitutional interference with her 
colored population. 

" That it is as much the duty of the state, to guard against 
insubordination and insurrection among our colored popu- 
lation, and to control and regulate any course which excites 
or produces it, as to guard against any other evil, political 
or physical, which might assail it. This duty is paramount 
to all laws, treaties, or constitutions. It arises from the 
supreme and paramount law of nature, the law of self-pre- 
servation, and will never by this state be renounced, com- 
promised, controlled, or participated with any power what- 
ever. 

" That they are aware of the dangerous and insidious con- 
duct of a party in Great Britain and the United States, who 
are ever ready to indulge their benevolent propensities at 
the expense of their neighbors, and who seem to reflect with 
complacency on the scenes of carnage and cruelty, which 
might be the result of their inconsiderate and mischievous 
machinations. Therefore, 

" Resolved, That the legislature of South Carolina pro- 
iests against any claims of right, of the United States, to 
interfere, in any manner whatever, with the domestic regu- 
lations, and preservatory measures, in respect to that part 
of her property, which forms the colored population of tlie 
state, and which property they will not permit to be med- 
dled or tampered with, or in any manner ordered, regulated, 
or controlled, by any other power, foreign or domestic, than 
this legislature." 

The law in question being upon the face of it, a manifest 
violation of the national constitution, could justify no pro- 
ceedings under it ; but the consideration that any person 
who should be prosecuted, would have to seek redress be- 
fore courts and juries in the state where it was deemed a 
constitutional and necessary law, prevented in a great 
measure the infringements of its provisions. It remains 
in the statute book of South Carolina unrepealed. 

There were however other considerations connected with 
this subject, much more important than the admission or ex- 
<;lusion of a few free negroes into the ports of South Caro- 
lina. The language of the state authorities on this occa- 
sion, was a direct challenge to the government of the 
United States, and a declaration, that in a certain event, it? 
sets should be resisted by force. 
26 



303 HISTORICAL SKETCHES CH. XVlI 

The state governments, for all purposes not within the 
purview of the constitution, are soveriegn and independent 
communities, possessed of the power of the sword and the 
purse of their citizens, but for all purposes which that instru- 
ment embraces, are mere subordinate corporations, having 
no legitimate power to do any act contrary to the will of the 
general government. The power of determming, whether 
a given case is, or is not within the provsions of the consti- 
tution, must be lodged somewhere. If, as is claimed in this 
instance by the governor and senate of South Carolina, it is 
lodged in the state authorities, there is an end of the union. 
Few acts of public concernment can be passed, but what 
will be viewed by some one or more of the twenty-four in- 
dependent communities, upon whom they are to operate, as 
unconstitutional. The right of resistance necessarily fol- 
lows the right of judging, when the decision is against the 
constitutionality of the act. Civil war, or the submission 
of one or the other party, must ensue. Hence, by common 
consent, the high prerogative of determining questions of 
this nature, in the last resort, has been conceded to the su- 
preme court. The proceedings in South Carolina were not 
alarming on the ground of any apprehension that the general 
government would suffer the constitution, and the laws and 
treaties made in virtue of it, to be prostrated at the feet of 
the state authorities ; but the danger to be feared, was, that 
such combinations would lead to a concentration of greater 
powers in the former, than would otherwise be necessary, 
and thus tend directly to that consolidation which the 
governor seems so much to deprecate. While the general 
government maintains with becoming energy its authority, 
in all cases provided by the constitution, and frowns upon 
any attempt, by subordinate corporations, to resist its legiti- 
mate exercise, it has ever carefully abstained from inter- 
fering with the slave population existing in the states of the 
original confederacy. Excepting the single provision of 
prohibiting the importation of slaves after a given period 
which has long since elapsed, congress have no powers on 
the subject of slavery, regarding the original states, who 
were parties to the compact ; and they have as yet given 
no occasion to induce a belief that they will assume any. 
The progress of public opinion, however, which it is impos- 
sible to resist, is rapidly advancing to a point on this sub- 
ject, which will very much do away the evils, and perhaps 
finally abolish the system. A sudden or ill-timed emancipa- 
tion would doabtlesB be attended with worse consequences 



1825. OF THE UNITED STATES. 303 

than its continuance in a mitigated form. More than a hun- 
dred anti-slavery societies are already established in the 
United States.* 

The friends, a respectable and increasing denomination of 
Christians, bear uniform testimony against it ; and those of 
North Carolina have agreed to emancipate all their slaves, 
provided they can be removed out of the country. The friends 
of abolition entertain a strong expectation, that such an expe- 
riment in the south, will show that the soil in that climate 
may be profitably cultivated without slave labor, and ulti- 
mately lead to the accomplishment of their wishes. 

American colonization society. In the mean time, the 
removal of the free colored people from the neighborhood 
of the slave population, is an object of high importance. In 
this, the north and the south are united. With a view of 
removing from the United States a portion of this popula- 
lation, a society was formed at Washington in 1817, con- 
sisting of gentlemen of the first respectability and talents 
from diflferent parts of the United States, denominated the 
American colonization society, whose sole object was to de- 
vise and execute a plan for the colonization of the free peo- 
ple of color in the United States, in Africa, or such other 
place as congress should deem expedient. The project of 
this colony was upon entirely different principles from the 
European system. No pecuniary advantages were calcu- 
lated to result to the society ; but on the contrary, very con- 

sidfivahlp PYppndit.nrps \Kr(^r(^- tn hf> inr.nrrpfl, without the pros- 
pect of remuneration. The territory to be occupied by the 
colonists, was not designed to belong to the company, or to 
the United States, but to be the property in fee of the emi- 
grants, and no juriodiction to be exercised over them beyond 
the period when they should be capable of self-government. 
Several important ends were in view by this measure. 
The successful establishment of such a colony, would remove 
without the limits of the United States, to a certain extent 
at least, a population of a vir.ious and dangerous character. 
It would better the condition of the emigrants by elevating 
them to the rank of freemen : it would facilitate the eman- 
cipation of slaves, as it would enable those who were dis- 
posed to do it, to annex the condition of their removal to 
this colony, and in this manner avoid the danger arising from 
the increase of free negroes ; it would contribute to the sup« 



Address of the Maryland anti-slavery association. 



304 HISTORICAL SKETCHES €H. XVIJ. 

pression of the slave trade, by affording means of informa- 
tion, and furnishing convenient harbors and supplies for 
government ships employed on the coast of Africa ; it would 
have a tendency to diffuse the blessings of civilization and 
Christianity among the surrounding tribes with whom the 
colony might have intercourse, and probably open a new 
and profitable source of commerce. 

Commencement of their operations. A scheme fraught 
with so much good did not fail to recommend itself to the 
charities of the American people. A forcible appeal to their 
benevolent feelings on this subject produced a considerable 
sum, by which the society was enabled to commence its 
operations. Serious difficulties, however, were to be encoun- 
tered in the outset. The habitable part of the coast of 
western Africa, southerly of the dominions of the emperor 
of Morocco, the point to which the society directed their 
attention, was in the possession, with the exception of 
Sierra Leone, of several tribes who subsist principally by 
seizing their fellow-negroes of the interior, and selling them 
to slave-dealers. A more savage and ferocious set of be- 
ings in human form, cannot be found. Lands, for the pur- 
poses of settlement, were to be obtained from the head men 
of these tribes, who were in no wise disposed to favor a 
scheme calculated to break up their traffick. The slave-deal- 
ers industriously circulated among them prejudices designed 
to defeat the object. The territory sought was in the equa- 
torial regions where the evcfssivp heats were supposed to 
be fatal lo natives of more northern climates. The free 
negroes, of whom the emigrants were to consist, have a 
characteristic apathy and aversion to enterprise, which was 
to be overcome. The few who were in easy circumstances^ 
could hardly be expected to leave their comforts for the un- 
certainties incident to the emigration ; and it was scarcely 
possible to infuse into the mass of ths free negro population 
a principle of exertion adequate to the object. 

Notwithstanding these ohstarles, the society steadily pro- 
secuted the plan. In November, 1817, they sent Messrs. 
Mills and Burgess on a mission of inquiry to Africa. They 
arrived at Sierra Leone in the March following, and after 
two months spent in a laborious survey of the coast, with a 
view to find a suitable place for the projected colony, they 
re-embarked for America. Mr. Mills died on his homeward 
passage. 

Co-operation of the government. Several important 
considerations induced the government to aid the objects ot 



2825. OF THE UNITED STATES. 305 

the society. The law of congress, which prohibited the 
importation of slaves after the year 1808, vested the power 
of disposing of such as should be brought in, in contraven- 
tion of the act, in the state legislatures. The principles 
upon which the act of 1808 was founded, as well as the dic- 
tates of humanity, required a different disposition of these 
unfortunate beings. There was also another class of Africans, 
for whom it seemed incumbent on the government to pro- 
vide. Laws had been passed at subsequent periods, prohi- 
biting, under severe penalties, citizens of the United States 
from being any ways concerned in the purchasing or trans- 
portation of negroes from the coast of Africa to any foreign 
country ; and authorizing the employment of a naval force 
to suppress the traffick. It became an object of importance 
with the government, to provide a place for the reception of 
such as might be rescued by virtue of these laws. To make 
any disposition of them, either as slaves or as free people, 
in the United States, was incompatible with true policy. 
With these views, the government, on a representation of 
the society's board of managers, determined to establish an 
agency on the coast of Africa, particularly charged with the 
care of re-captured negroes. 

Accordingly the Elizabeth was chartered, and carried out 
one agent for the society, two for the government, and eighty 
people of color, to commence a settlement. The emigrants 
were to be employed for a time, at public expense, in making 
preparations for the reception of re-captured Africans. 
With much difficulty, they obtained liberty of the neigh- 
boring chiefs to form an establisement at Sherboro, a low 
and unhealthy island, in latitude seven degrees north, twen- 
ty-two miles long, and twelve broad,- a little to the south- 
ward of Sierra Leone. Here, while they were attempting 
in vain to negotiate with the natives for more land, the 
three agents, and twenty of the colonists, died. The su- 
perintendence then devolved on Daniel Crocker, one of the 
most intelligent and respectable of the negro settlers. In 
the spring of 1821, two agents on the part of the society,, 
and two on the part of the government, with twenty -eight 
laborers, were sent out, with instructions to seek, if neces- 
sary, the protection of the British settlement of Sierra 
Leone. It became necessary to abandon Sherboro, and to 
remove the remnant of the colony to the British settlement. 
The agents made another unsuccessful attempt to purchase 
lands of the natives, two of them died, and the others re. 
turned to America. 

26* 



306 HISTOniCAL SKETCHES' CH. XVIV 

Settlement at Montserado. In the following December, 
Doctor Ayers, in behalf of the society, and Lieutenant 
Stockton, of the schooner Alligator, sailed for Cape Mont- 
serado, and with much difficulty succeeded in purchasing of 
the natives, for goods of the value of six hundred dollars, a 
tract of land forty miles square, at the mouth of the Mont- 
serado river, in six degrees north latitude, two hundred 
and fifty miles south of Sierra Leone. The tract has a good 
harbor, is high, fertile, and the healthiest in that region. 
The colonists were immediately transferred to the new es- 
tablishment. On their arrival, they were informed by the 
chiefs of whom the land had been purchased, that the con- 
tract was annulled, and that they would not be permitted to 
settle. They however ventured to land and commence their 
operations ; and while the colonists were building their 
houses, the agents succeeded in pacifying the natives, and 
inducing them to ratify the contract. In the August follow- 
ing, the settlement was reinforced by the arrival of the brig 
Strong from Baltimore, with Mr. Ashmun, society's agent, 
and thirty-five emigrants, and fifteen re-captured Africans. 

Attacked by the natives. The natives in the neighbor- 
hood of Montserado had never been reconciled to the estab- 
lishment of the colony. Instigated by the slave merchants, 
and indulging the hope of ridding themselves of strangers of 
of whom they were jealous, and pillaging their dwellings, a 
general combination was formed, consisting of all the tribes 
in the vicinity, aided by numerous warriors from the interior ; 
and in the morning of the 11th of November, the colony, 
consisting only of twenty-eight effective men, was attacked 
by a body of eight hundred natives, who coming upon them 
by surprise, gained possession of the settlement ; but af- 
ter one or two discharges from an eighteen pounder, they 
fled. On the 2d of December, another attack was made in 
two opposite quarters, by a body of fifteen hundred natives, 
who again dispersed at the firing of cannon. The bold and 
successful resistance of the few colonists, with their terrific 
field-piece, against such an overwhelming force, effectually 
discouraged the assailants from any further attempts ; and 
with the aid of several British naval officers, peace was re- 
stored, the natives consenting to submit their complaints to 
the governor of Sierra Leone. Jf" 1 ^ 

In May, 1823, the brig Oswego arrived from Bt)ston, with 
sixty emigrants, making the whole number then at Mont- 
serado one hundred and ninety. Peace and a friendly in- 
tercourse were established with the natives, and the colony 



N 



1825. OP THE UNITED STATES. 307 

appeared under more favorable auspices. From the origin 
of the society, to the end of the year 1823, two hundred and 
twenty-five emigrants had been transported to the colony ; 
and of that number there were then living one hundred and 
forty. 

Liberia. The name of Liberia was given to the territory, 
and the settlement at Montserado denominated Monrovia, 
in honor of the president of the United States, under whose 
auspices it had been conducted. In May, 1824, the board of 
managers sent out another reinforcement of settlers, con- 
sisting of upwards of one hundred, in the ship Cyrus. Af- 
ter a seasoning sickness, which seldom proves fatal, the 
emigrant negro population were healthy. The board have 
adopted a system of civil government on republican princi- 
ples, and suited to the situation and wants of the colony, 
Monrovia has been made a missionary station, and schools 
have been provided for the instruction of the children of the 
establishment. A new settlement has been commenced at 
St. Paul's river, under favorable circumstances. One hun- 
dred and twenty sections of land have been surveyed, and 
allotted to as many families, who are engaged in building 
for themselves comfortable houses, and improvingtheir lands. 
The military force has been arranged into two corps, a 
company of infantry of forty, and an artillery of fifty men, 
with one eighteen pounder. A friendly intercourse exists 
with the neighboring tribes, from whom there is nothing to 
fear. In bringing the establishment to this point, the mana- 
gers have labored with a commendable and unwearied assi- 
duity. At a meeting in January, 1826, the society, in their 
resolutions, say, that " they have always looked to the power 
and resources of the nation, and of the several states, for 
the accomplishment of the object, and direct that applica- 
tion be made to congress for the necessary aid, and to the 
several state legislatures, to encourage and facilitate the 
emigration of their colored inhabitants." In support of 
their views, they refer to Sierra Leone. This settlement 
was undertaken by individuals for purposes, in many respects, 
similar to that of Liberia. In their hands it languished, and 
become nearly annihilated. In 1809, the government of 
Great Britain took it under their patronage, since which, 
its col ^d population have increased to sixteen thousand, 
eleven thousand of whom are recaptured Africans. Lately 
the Sherboro country, lying between Sierra J..eone and lA- 
beria, hns siilimitted to British jurisdiction. 



308 HISTORICAL SKETCHES CH. XVII> 

Aid of government necessary. From the facts brought 
into view in relation to this subject, the public have become 
satisfied, that an eligible situation has been selected for the 
establishment of a colony of colored people, and with the 
proper means, a respectable one can be there supported : 
that the necessary expenses far exceed the bounds of private 
charities, and without the aid of government the institution 
must languish, and no sensible diminution of the free negro 
population be effected. That this is a very desirable object, is 
a point, and almost the only one in relation to Africans, in 
which the north and south are agreed. The existence of 
this description of people, to any considerable extent, in 
the slave-holding states, is incompatible with the public 
safety. To banish them without providing a suitable re- 
treat, would be revolting to the feelings of humanity ; but 
such provision being made, there could be no well founded 
complaint against even a compulsory removal, so far at 
least as the safety of the white population might require. 
Were the government to consult merely the economy of 
yielding the necessary support to this colony, compared with 
the expenses of suppressing the revolts and insurrections 
consequent on a promiscuous intercourse between the free 
negro and slave population, the former would be the preferable 
course. The United States indeed, viewing the compli- 
cated evils resulting to European governments from the pos- 
session of distant colonies, have been averse to the policy. 
But the object presented by the colonization society, is of 
an entirely different character, and resting on other grounds. 
With these views, the society and its friends confidently 
appeal to the government to take the colony under its pro- 
tection, and to afford the necessary aids for the removal of 
a considerable portion of the free negro population of the 
country.* 

Emigration to Hayti. Another mode of disposing of this 
population has been resorted to, but with little success. 
The president of Hayti, desirous of increasing the numbers 
and strength of his subjects, invited them to his dominions, 
offering them the privileges of free citizens, and a title in 
fee to as much land and of a good quality, as they would 
take up and cultivate, and to bear the expenses of their trans- 

* In 1830, the population of Liberia amounted to 2,000. Their militia con- 
sJBted of six companies, and about four hundred men, with twenty pieces of 
ordnance. Their exports have amounted to 70,000 dollars, in a year No 
white man is allowed to reside in the colony, except the agent, or as a physi- 
cian, teacher, or missionary. 



1825. OF THE UNITED STATES. 309 

portation and support, until they could provide for them- 
selves. In the year 1824, President Boyer sent Mr. Gren- 
ville to New York with these propositions, offering to make 
provision for the immediate transportation of six thousand. 
The members and friends of the colonization society, in 
New York and in the northern states, favored the object, 
viewing it as auxiliary to the main design of furnishing a 
proper retreat for the colored population of the United 
States. The plan met with the united opposition of the 
south. The existence of a nation of free negroes in their 
vicinity, was viewed with jealousy, and distrust. A consi- 
derable number accepted the propositions of Mr. Grenville, 
and embarked for Hayti, but not to the extent of the provi- 
sion. The emigrants, finding that subsisience there was 
not to be obtained without laborious exertion, became discon- 
tented ; many of them returned to the United States, and 
the project failed. To a proposition for the formation of a 
distinct colony of emigrants in his dominions, to be governed 
by their own laws, and connected with him only by alliance, 
the president gave a decided negative, stating that every resi= 
dent on the island must be subject to the general laws of 
the country. 



310 HISTOKICAL SKETCHES CII. XVIII. 



CHAPTER XVIII. 

Indians— Their numbers— Land titles— General character— Customs— Reh 
gious notions— Efforts to civilize them — Their disposition towards the 
whites — Principles adopted by the g^oneral government towards them — 
Disposition to obtain their lands — Process of extinguishing Indian titles — 
Georgia and the Creeks— Compact ot'1802— Measures taken to fulfil it — 
Treaty of the Indian Springs — Execution ot M'Iniosh and his followers — 
Proceedings of Georgia in reianonro the survey and dispcsiiion of the lands 
— Correspondence between Governor Troup and the president — Treaty of 
1826 — Cherokees — Their progress in civilization — Form a constitution — 
Georgia and Alabama extend their juiisdicuou over them— Their remon- 
strance — Views and reasoning of the executive on the subject of Indian 
rights. 

Indians. Their numher The number of Indians east- 
ward of the Mississippi, and within the original limits of the 
United States, is estimated at one hundred and twelve thou- 
sand, and those westward, witlnn the Louisiana claim, at 
two hundred and eighty-eight thousand, making an aggre- 
gate of four hundred thousand. There has never been any 
actual enumeration, and any estimate of their numbers is in 
a great degree conjectural. At the period of the first set- 
tlement of the country by the Europeans, the Indians were 
much more numerous, and their claim extended over the 
whole territory. 

Title to property. Their title to so much of the soil as 
is within their occupation, is unquestionable, being derived 
from the best of sources, the gift of our common Creator, 
and a possession beyond the records of history ; of this they 
cannot be rightfully divested, but by their consent, given 
voluntarily, undersLaadiiigl J-, and without imposition. Whe- 
ther all or what portion of territory thtjy can rightfully hold 
by this title, are questions of difficult solution. Ot the land 
unoccupied by the whites in 1790, there was about one In- 
dian to six square miles of territory, millions of acres of 
which had never been traversed or seen by any one. Their 
claim to the whole is obviously not well founded : a large 
portion is justly considered as vacant property, open to the 
first occupant. Equally obvious is it, that the places where 



1825. OP THE UNITED STATES, 311 

the Indians have built their huts, planted their corn, caught 
their fish, killed their game, and buried their dead, are theirs 
by an indisputable title. The extent and limits of this right 
are fair subjects of negotiation between the white and red 
claimants ; but in these negotiations, strength, skill, and 
power are all on one side, and combined against weakness, 
ignorance, and folly. 

Character. The general features in the character of the 
Indian population are the same, with many shades of differ- 
ence which their intercourse with the whites and other cir- 
cumstances have produced, from the mere savage, clad in 
skins, and subsisting only on fish and game, to the Indian 
who cultivates his land, keeps his stock of domestic animals, 
and vies with his white neighbor in the enjoyments and arts 
of civilization. The description following refers to the In- 
dian character, when not essentially altered by connection 
with civilized man. Their habitations, denominated wig- 
wams, generally constructed of mud, clay, poles, and bushes, 
without floors, chimneys, or separate apartments, were the 
residence of the family or cluster of families by whom they 
were built, and considered their property only so long as 
they chose to occupy them. Land and its productions were 
common to the tribe. The principle of separate property, 
by which each should be permitted to enjoy the fruits of hivS 
own industry, was not recognized among them. Before 
their intercourse with Europeans had furnished them with 
implements of iron, their means of cultivating land and 
taking game afforded them a very precarious subsistence. 
The men, when not engaged in war or the chase,^ led lives 
of perfect indolence and inactivity, compelling their females 
to till their land, bear their burdens, dress their game, and 
perform their most laborious and menial services. The 
manner of treating females has ever been considered 
as one of the surest indicia of the state of society. 
Among savages, they are viewed as little better than their 
slaves, subject to the abusive and tyrannical sway of their 
lords ; while in refined society they are considered as its 
brightest ornaments, and the arbitresses of its fashions and 
manners. The state of society among the North American 
Indians, measured by this standard, must be fixed at the 
lowest grade. Their vacant and unmeaning countenances 
denote the want of object for mental exertion, while their 
tall, regular, and well-proportioned limbs, taking their na- 
tural shape without constraint, condemn the 5andag;es; 



312 HISTORICAL SKETCHES CH. XVIH. 

straight lacings, and ligaments, with which their more ci* 
vilized neighbors deform the human body. 

Usages. Without a written language, their code of mu- 
nicipal law was exceedingly simple, consisting of a few 
customs retained in the memory of their chiefs. Without 
separate property, they needed no laws securing its posses- 
sion, or regulating its transfer. In relation to personal in- 
juries, each one was the judge and avenger of his own 
wrongs, subject however to an imperfect control, by the 
head men of the tribe. Where life had been taken, that 
of the aggressor was forfeited to the relations of the de- 
ceased, and the offense never forgiven, except in the rare 
case where the aggrieved consented to receive the offender 
as a substitute for the slain. Their form of government, 
so far as they might be considered as having any, was of 
the democratic cast. Peace and war, and the few general 
concerns of the tribe, were regulated at public meetings of 
their head men and warriors, denominated councils. 

Mode of warfare. The connection between different 
tribes, was of a slender and temporary nature, liable to in- 
terruption from slight causes. Hence wars were frequent, 
and not being regulated by any of the principles which go- 
vern civilized nations, were of a barbarous and extermi- 
nating character. Prisoners were made only to afford the 
victors the savage delight of putting them to death by the 
most cruel tortures, and sometimes of feasting on their re- 
mains. Sudden onsets, ambuscade, and surprise, were the 
characteristics of their mode of warfare. An Indian sel- 
dom meets a foe in fair combat in the open field ; if he 
fails to take his enemy unawares, he retires, and waits a 
more favorable opportunity. War is the delight of the sa- 
vage. It rouses him from that state of listless inactivity 
to which he is condemned in time of peace, and calls into 
operation all the energies of his nature. He endures cold, 
hunger, and fatigue, with a patience unknown to civilized 
man, and when vanquished, submits to the severest tortures 
without a sigh. 

Religion. The religious notions of the Indians are as 
simple and crude as the other features of their character. 
They believe the world to have been created some long 
time since by the Great Spirit, and placed on the back of a 
huge animal. Unable to comprehend how the good and 
evil which they see in the world, should proceed from the 
game source, they believe in the existence of two invisible 
beings, a good and an evil spirit, from one of which proceed 



1825. OF THE UNITED STATES, Sl'6 

all their enjoyments, and from the other all their sufferings. 
They pay homage, in various forms, to each of these, as 
they want the protection of the one, or dread the power of 
the other. They consider these beings as independent of 
each other, but the good Spirit as being rather the predomi- 
nant power. At death, those who have vanquished their ene- 
mies, and all who have been so fortunate as to obtain the favor 
of the good Spirit, go to a pleasant land abounding with 
fish and game, and free from the intrusion of the whites, 
where they have plenty of women to serve them, and every 
enjoyment which an Indian imagination can picture. But 
all are not admitted to this paradise. Cowards, and those 
who have fallen under the displeasure of the evil spirit, go 
to a country, desert and barren of Indian pleasures. With 
their chiefs and warriors, they bury their arms and utensils, 
that they may have the use of them in the other world. 

This people have given many specimens of native saga- 
city and talent, which, by the help of an education, would 
doubtless have raised the possessors to distinguished emi- 
nence. Bold, laconic, and pertinent speeches have been 
heard at their council fires, which would have done honor 
to the orators of any nation ; but these cases are too rare, 
to afford a national characteristic. 

Dread of the white people. The Indians have ever 
viewed the approach of the whites with dismay. The sound 
of the cultivator's ax fills them with horror. They hear in its 
strokes the irresistible command, Indian, depart. For a great 
portion of the time since the first planting of the English 
colonies, an Indian border warfare has existed, exhibiting, 
in every stage, revolting scenes of indiscriminate massacre. 
In the war of 1756, in that of the revolution, and of 1812, 
the inhuman policy was adopted, of employing the savages, 
and necessity often obliged the commanding generals to 
indulge them in that -massacre, and plunder to which they 
had been accustomed. 

Attempts to civilize and Christianize them. The moral 
condition of this people has for a considerable time excited 
the attention of the benevolent institutions of the country. 
For the last half century, a laudable desire to ameliorate the 
condition of that portion of the human family, who appear 
to be in an ignorant and degraded state, has been conspi- 
cuous, and in its operation has produced a great number of 
associations, having for their object the extensive spread of 
the blessings of civilization and Christianity. America has 
not been behind her sister nations in Europe in the pursuit 
27 



314 HISTORICAL SKETCHES CH. SVIIf* 

of this object. The spirit of benevolence has increased 
with her growing means. The natives within their borders 
were among the most prominent objects of the charities 
of the people of the United States. Voluntary associations 
under the denomination of missionary societies, have been 
formed in various parts of the union, whose principal ob- 
ject has been to instruct the natives in the Christian reli- 
gion. The early efforts of these societies,' consisting only 
of sending travelling preachers among them, were injudi- 
ciously conducted. The untutored savage mind is incapa- 
ble of comprehending the sublime doctrines of the Chris- 
tian system, until it is in some measure expanded by the 
light of civilization and science. Slight temporary effects 
only were produced, which soon disappeared in the absence 
of the teachers from among the Indians when engaged in the 
chase. They were also not without suspicions that the ulti- 
mate object of the missionaries, was their lands. Experi- 
ence soon directed to a different course, making it manifest 
that Indians must be reclaimed from their roving, hunter 
state, and brought to some degree of civilization, before reli- 
gious instruction can produce any permanently beneficial 
effect. This conviction led to a change of measures. Per- 
manent stations have been established, to which missionary 
families, consisting of farmers, mechanics, schoolmasters, 
and religious instructors are assigned ; and where agricul- 
ture is introduced, the most useful implements of husbandry 
supplied, and their children instructed in the rudiments of 
learning. These establishments, located principally in the 
southwestern section of the United States, and supported 
by the charities of the American people, aided by an annual 
appropriation often thousand dollars from the government, 
have answered the most sanguine expectations. The In- 
dians, who have enjoyed the benefit of them, have made 
great advances from the savage to the civilized state, have 
resorted to agriculture as their principal means of support, 
and some of them, to appearance, have become sober, indus- 
trious, and intelligent Christians. The experiments already 
made have established the point beyond a doubt, that an Indian 
nation is capable of being brought into a state of civilization. 
But these exertions to ameliorate the condition of the In- 
dian state, it is to be lamented, is in direct opposition to 
another object which has long been sought and recently 
avowed, that of their total removal from the limits of the 
United States. In proportion as they become reclaimed from 
the hunter to the agricultural state, their attachment to tlu- 



1823. OF THE UNITED STATES. 315 

soil which yields them a support increases. Having fur- 
nished themselves with decent dwellings, and the means of 
a comfortable living, they hear any proposition for a re- 
moval with the utmost reluctance. While the missionary, 
under the patronage of congress, is instructing them in the 
principles of Christianity and the arts of civilized Ufe, they 
dread the approach of the United States agent, commis. 
sioned to get their lands under the form of purchase, and 
compel their removal. This dread increases in proportion 
to their advances in civilization. To a recent proposition 
for the relinquishment of the remnant of their lands in 
Georgia, the Creeks replied : " We know the strong arm of 
our great father, the president ; we will not contend against 
it ; but we love the land which contains the bones of our 
fathers ; we will lie down under our fences ; we will die by 
the graves of our fathers, and manure the lands which you 
take from us with our ashes, but we will not remove." 

Principles of the government relating to them. With 
a population of this character, possessing these claims, and 
entertaining such feelings, within its borders, the American 
government, at every period, has had much to do. At its 
commencement, certain fundamental principles in relation to 
them were recognized ; to wit, that their title to the lands 
in their occupation was indefeasable ; that they were inde- 
pendent communities, not subject to taxation or municipal 
laws of the states, or of the United States ; that they were 
not to be molested in the free enjoyment of their own cus^ 
toms, manners, and laws ; and that they were not to be enu- 
merated as part of the population of the country. While 
they were thus considered and treated for the most part as 
independent nationi, the government assumed the power of 
laying on them certain restrictions, which were deemed ne- 
cessary for their own well being, as well as the safety of 
American citizens. 

1st. They were to hold no intercourse with any foreign 
power : 

2d . They were not to dispose of their lands but by treaty, 
held under the authority of the United States : 

3d. Commercial intercourse with them, was to be regu- 
lated by the American government : 

4th. The privilege of establishing military posts and 
public roads in their territory was claimed, and sufficient 
lands required to be ceded for those purposes : And 

5th. Where injuries were done by Indians, to the whites, 
f-he perpetrators were required to be given up to be pu» 



316 HISTORICAL SKETCHES CH. XVIII > 

nished, according to American law. Where the injury pro- 
ceeded from the whites, satisfaction was to be made to the 
Indians, and the offender punished by his government, ac- 
cording to the nature of the offense. 

To provide for the common defense, was one of the lead- 
ing motives for establishing the American constitution, and 
one of the first duties which devolved upon the government 
under it. The dangers, then, most to be apprehended, 
arose from Indian hostilities. Hence, in the division of 
powers between the general and state governments, the re- 
gulation of Indian affairs devolved exclusively on the for- 
mer ; and the states were expressly prohibited from any 
hostile acts. They exchanged all authority or jurisdiction 
which they might be supposed to possess or claim over the 
persons or lands of the Indians, within their chartered 
limits, for the protection afforded them by the general go- 
vernment. Hence proceeded the regulations which have 
been noticed ; and hence, also, in the general distribution 
of the executive department, Indian affairs were placed 
under the control of the secretary of war, who performs this 
duty by means of an officer, denominated the superintendent 
of Indian affairs. 

No other feeling is entertained by Americans towards 
this unhappy race, when uninfluenced by interest, than that 
of compassion ; and no other wish, than that they may be 
brought, as far as may be, within the pale of civilization. 
and be permitted to live unmolested, until time should ex- 
tinguish their race, or amalgamate them with the whites. 
In those sections where Indian territory constitutes a con- 
siderable portion of the state, there are powerful reasons 
why their expulsion should be sought. Much of the land is 
of an excellent quality, and desirable as a matter of interest 
While possessed by the Indians, it is comparatively in an 
uncultivated state ; the increase of white population is im- 
peded, and the state is prevented from assuming that rank 
and influence in the Union, to which its wealth and popula. 
tion would otherwise entitle it. Animosities and feuds con- 
stantly exist between the border whites and the neighboring 
Indians, which, though restrained by the arm of government, 
from breaking out into open violence, render their situation 
unpleasant, and often unsafe. The Indian territory affords 
a convenient asylum for runaway slaves, and fugitives from 
justice. These, and other considerations, have created a 
determination in the states whose boundaries inclose large 
T>ortions of Indian territory, to extinguish the title as socm 



1825. OF THE UNITED STATES. 317 

as possible : a determination which seals the doom of this 
people, and which the government cannot long resist. 

Regulation of Indian trade. The national pohcy towards 
the Indians, has hitherto been of a compound character, par- 
taking of the feelings of its different sections. Government 
lias endeavored to regulate commercial intercourse with 
them, in such manner as should prevent impos tion, and 
operate to their benefit. Peltries and furs are almost the on- 
ly articles of Indian trafRck. In an unprotected state, traders 
go among them with whiskey, and other useless articles, 
and obtain their valuable commodities at an enormous profit, 
for articles of little worth. The Indian, when the fumes 
of intoxication are evaporated, finding himself cheated, 
seeks an indiscriminate revenge. To protect the Indians 
from these evils, the government have, at different times, 
adopted two courses : one, to prohibit all intercourse with 
f.hem, except by licensed traders, who should be regulated 
in their traffick in such manner as to prevent imposition ; 
the other, to establish government trading houses, at con- 
venient places, where the Indians might be furnished with 
.such articles, only, as were convenient and useful to them, 
m exchange for their peltries, and at such rates as would 
merely- indemnify the expenses, and all private trade with 
them prohibited. Agents are appointed, to reside among 
the principal tribes, for the mutual protection of the Indians 
and whites. 

Manner of obtaining their lands. But Indian territory 
is the great object, to the attainment of which all others 
must be subservient. Constant applications are made to 
government, to extinguish Indian titles, to which it has 
been obliged to yield. The process is sure of accomplish- 
ing its object, and is, in effect, compulsory on the poor In- 
dian. While his title is acknowledged, and his consent in 
form required, he is under a moral necessity, at least, of 
complying. Commissioners are appointed, consisting of 
men who feel a deep interest in obtaining the land sought, 
and who are supposed to have the most influence with the 
tribe to be operated upon. They appoint time and place for 
holding a treaty, of which the Indians are notified. Provi- 
sion is made by the government, for a liberal support of as 
many Indians as will attend. They usually come in great 
numbers ; those who do assemble, be they few or many, 
are recognized as the chiefs and head men of the tribe whose 
territory is to be obtained, and as having the right to dis- 
pose of it. In proper time, the commissioners make kno^v^^ 
27*^ 



318 HISTORICAL SKETCHES CH. XVIII 

the wants of their government ; arguments calculated to 
operate upon their hopes and fears, are addressed to the 
Indians, and in the end they are given to understand, that it 
must be as their great father, the president, wishes. Greater 
or less obstacles are met with at these negotiations, accord- 
ing to the sagacity, intelligence, and integrity of the Indians 
assembled. The land sought for is usually obtained, for 
something having the appearance of an equivalent, generally 
consisting of a sum paid in hand, and an annuity. The busi- 
ness is closed by the distribution of the expected presents, 
among the Indians who have been most instrumental in ef- 
fecting the object. In this manner, with as much equity 
and justice as can be expected, where power and skill are 
all on one side, and naked right, supported only by weak- 
ness and ignorance, on the other, has the Indian title to 
most of the territory claimed by them, within the United 
States, in the course of forty years, been extinguished, and 
with it a great portion of the Indians themselves. 

Creek Indians. The case of the Creek Indians in Geor- 
gia, though similar in some of its leading features to the 
usual process of obtaining Indian lands, has so many pe- 
culiar characteristics, that it deserves a detailed notice. 

Soon after the close of the war of the revolution, con- 
gress urged on the states a cession of the vacant territory 
within their chartered limits, for the purpose of constituting 
a fund to discharge the debts of the war. They urged that 
i^.his property, having been acquired by the joint exertions of 
all the members of the confederacy, and never having 
Ijeen appropriated by any individuals, was in truth the 
^oint property of the union, and ought to be applied to dis- 
charge the expenditures by which it was obtained. Most of 
the states possessing lands of this description, listened to 
-he request, and made liberal cessions. The state of Geor- 
gia, then one of the smallest and weakest of the confede- 
racy, dating her existence as a colony only about forty 
years before tlie war of the revolution, and containing only 
a few inhabitants on the sea-board, and on the borders of 
the Savannah river, according to her charter, extended 
from the Atlantic to the Mississippi, in length upwards of five 
hundred miles, and in breadth about three hundred, com- 
prehending what now constitutes the states of Georgia, 
Alabama, and Mississippi. She refused to make tlie re- 
quired cession. This region, large enough for an empire, 
was more thickly settled with Indians than any part of the 
mion. Thpy were considerably more numerous than the 



1825. OF THE UNITED STATES. 319 

white inhabitants of Georgia; and united under M'Gil- 
vary, a half-breed king, were able to exterminate the white 
claimants of their territory. It required much expense, and 
the united force of the confederacy, to protect them. In 
the year 1795, peace having been made with M'Gilvary, the 
state sold a large tract of this country, lying on the Yazoo 
river, a tributary of the Mississippi, for a trifling sum. The 
Yazoo purchase, as it was called, soon became an object of 
speculation. The scrip passed rapidly from hand to hand, 
constantly on the rise, and conferring on each successive 
possessor an imaginary fortune. In the course of the year, 
a great portion of it passed into the hands of speculators 
residing in the north. The succeeding legislature disco- 
vered that the purchase was obtained at a very inadequate 
price, and by means of fraud and bribery. They passed an 
act, declaring the sale to be void, and ordered the records, 
and all the proceedings of their predecessors in relation to 
the Yazoo lands, to be publicly burned. The government 
of the United States, havmg been settled under the consti- 
tution, claimed that this proper; y belonged to them; that 
their title to the vacant lands did not depend upon the acts 
of the states within whose chartered limits they lay, but on 
the ground that it was originally obtained, and its posses- 
sion secured by the joint exertions, and at the joint expense, 
of all. From the year 1795 until 1802, there appeared four 
adverse claimants to this territory : the United States, the 
state of Georgia, the Yazoo purchasers, and the Indians. 
At the latter period, a compromise took place, by which the 
state of Georgia ceded to the United States their title to all 
the land lying west of a line agreed upon to constitute the 
western boundary of Georgia, running a considerable dis- 
tance on the Chatahooche, and from thence to the Tennes- 
see river. The United States, on their part, confirmed to 
the state of Georgia all the lands lying eastwardly of that 
line, paid the state $1,250,000, and engaged to satisfy the 
Yazoo claimants, which was done at an expense of upwards 
of four millions ; and to extinguish the Indian title to all 
the lands remaining to the state of Georgia, " as soon as it 
could be done peaceably, and on reasonable terms." This 
compromise secured to the state of Georgia twenty-six mil- 
lions of acres of unappropriated territory, then occupied by 
the Creek and Cherokee nations of Indians, and obliged the 
United States to be at the expense of purchasing it for the 
benefit of that state. In the course of the succeeding 
twenty years, the United States had obtained from the In. 



320 HISTORICAL SKETCHES CU. XVIII- 

dians, for the benefit of Georgia, and at a great expense, 
about three fifths of this land. These cessions were made 
by the Indians with great reluctance ; and in the year 1824, 
the Creek nation, the principal occupants of the remaining 
Indian territory, came to a solemn resolution to part with 
no more of their land, and in the crude but efficient forms 
in which they enact laws, denounced the penalty of death 
upon any one who should even make a proposition in coun- 
cil for a further cession. In the mean time, the state of 
Georgia pursued the object of obtaining all the Indian lands 
within their limits, with unwearied assiduity. 

Treaty of the Indian Springs. In the same year, the 
president, pursuant to an act of congress, passed at the in- 
stance of the Georgia delegation, appointed Messrs. Camp- 
bell and Meriwether, two influential citizens of that state, 
commissioners to treat with the Creeks for a cession of all 
their lands within the limits of Georgia. The scheme pro- 
posed, was to procure them a tract of equal extent and va- 
lue in the Arkansas territory, west of the Mississippi, to 
pay them for their improvements, and provide for the ex- 
penses of their removvil. 

In December, the commissioners succeeded in obtaining 
a meeting of the Creeks at Broken Arrow, the usual place 
of holding their councils, at which they rejected, by a de- 
cided majority, every proposition for a transfer of their 
lands. The commissioners then made application to the 
executive for powers to treat with a part of the Creek na- 
tion, which was refused. They at length succeeded in ob- 
taining a second meeting at the Indian Springs, out of the 
limits of the Creek nation, and within the Georgia settle- 
ments : there also the principal chiefs refused to make the 
required cession, and withdrew, warning those that re- 
mained, of the consequences of violating their law. After 
their departure, M'Intosh and a few other chiefs, consisting 
of a small minority of the nation, was induced, on the 12th 
of February, to sign an instrument in the form of a treaty, 
ceding all tlie lands belonging to the Creek nation, within the 
limits of Georgia. This instrument was hurried to Wash- 
ington, laid before the senate, and approved on the last day 
of their session, in March, 1825 ; and in a few days after- 
wards, ratified by the new president, without a full know- 
ledge of the circumstances under which it was negotiated. 

Massacre of the M'Intosh Indians. The chiefs of the 
Creek nation, on hearing these facts, and being informed 
that M'Intosh bad consented to a survey of the land^ sooner 



1825. OF THE UNITED STATES. 321 

than was required by the terms of the treaty, met in council, 
and directed their law menders, a species of officers whose 
duty it was when a law was broken to mend it by executing 
its penalties on the offender, to put to death M'Intosh, and 
two others who had signed the treaty of the Indian Springs 
contrary to the voice of the nation, and consented to an im- 
mediate survey of their lands. This order was executed 
in an exemplary manner, on the 30th of April, not only by 
putting the offending chiefs to death, but by burning their 
dwellings, and destroying and carrying off their property. 

Proceedings of the president. On a representation of 
these facts, the president ordered General Gaines, with a 
detachment of United States troops, into the Indian coun- 
try ; and directed him, with the assistance of Major An- 
drews, to inquire into all the circumstances attending the 
treaty of the Indian Springs, and the disturbances to which 
it had given rise. On their report it appeared that the 
treaty was obtained by unfiair means, that it was signed only 
by a small minority of the head men of their nation, con- 
trary to their laws, and against the views and wishes of the 
whole Creek population, M'Intosh and a few of his adhe- 
rents excepted ; and that there were no grounds for consi- 
dering it as the act of the nation. In the mean time, the 
followers of M'Intosh, amounting to about four hundred of 
every age and description, fled from their enraged country- 
men, and threw themselves on the government for support, 
and were fed from the public stores. In this state of things, 
the president prohibited the contemplated surveys, and or- 
dered all proceedings in relation to the treaty to be stayed 
until the meeting of congress. 

Proceedings of Georgia. The state of Georgia claimed 
that the treaty of the Indian Springs, having been ratified 
with the requisite formalities, vested in that commonwealth 
an unalienable title to all the lands embraced within its 
limits. On the 18th of April, Governor Troup issued a 
proclamation, declaring that the treaty had been duly made 
and ratified, and the title to all the Creek lands in Georgia 
indefeasibly vested in the state, and convening the legis- 
lature on the 23d of the succeeding May, to make the neces- 
sary arrangements for the survey and disposition of the 
territory. At this meeting, provision was made for survey- 
ing it into two hundred acre lots, and distributing them by 
means of a lottery, among the citizens of the state. A 
correspondence took place on the subject, between the ex- 
f^cutive of Georgia, and that of the United States, noted for 



322 HISTORICAL SKETCHES CII. XVIIT. 

its arrogance and indecorum on the part of the former, in 
which a determination to support the claims of Georgia at 
all hazards, and with all the force of the state, is distinctly 
avowed. This challenge was met by the president in a 
temperate and dignified communication in which the state of 
Georgia was informed that as by the terms of the treaty the 
Indians are not to be molested in their possessions until 
September, 1826, and as there are several important ques- 
tions in relation to that instrument yet undecided, the con- 
templated survey, or any entry upon the Indian lands, will 
be prevented by all the means with which the American con- 
stitution has placed m the hands of its supreme executive. 
The people of the United States were looking with conside- 
rable anxiety at the issue of this contest, when their appre- 
hensions were removed by a communication from the go- 
vernor, stating that the surveys would be postponed. 

Treaty of February, 1826. In the succeeding winter, a 
large deputation from 'the Creek nation, furnished with pro- 
per powers, convened at Washington, and with much diffi- 
culty and after a negotiation which lasted most of the 
winter, were induced to sign a treaty by which for a fur- 
ther consideration, they ceded upwards of four millions of 
acres of their lands in Georgia, retaining something less 
than one million. By this treaty that of the Indian Springs 
was vacated. It was readily ratified, and seemed to satisfy 
all parties except the state of Georgia, who still, by virtue 
of the treaty of the Indian Sprmgs, persisted m her claim to 
the unceded lands, and directed their survey after Septem- 
ber, 1826. This was met by an order from the president, 
to the district atttorney in Georgia, to prosecute before the 
circuit court any persons who should attempt to survey or 
make any entry on the Indian lands not embraced in the 
treaty of Washington. The residue of the Creek lands 
were afterwards purchased by the United States, for the 
benefit of Georgia, which settled the controversy. 

This is the only state which in a pecuniary view has made 
a speculation out of the war of the revolution. Its inhabit- 
ants, few and feeble at the commencement, bore but a small 
share in the toils of that war, by which an acquisition was 
made of a fertile territory more than three hundred miles 
square, which no inhabitant of that state had ever seen. 
This territory was then thickly inhabited for an Indian coun- 
try, by a people holding it by possession beyond the reacli 
of human research, and commanded by a powerful prince. 
It was included within the limits of a charter which Georgo 



1825. OF THE UNITED STATES. 323 

II. had some forty years before given to Colonel Ogelthorpe, 
The right thus acquired being only the privilege of pur- 
chasing by fair means of the original inhabitants when they 
were willing to sell, Georgia has been repeatedly requested 
to give up to the United States to constitute a fund to dis- 
charge the public debt, as all other states under similar cir- 
cumstances had done. This she has always refused ; and 
her sister states, in conjunction with her, she bearing only 
her rateable proportion, have expended more than twelve 
millions of dollars in defending her citizens and territory 
from M'Gilvary's invasions, and in fulfilling the terms of 
the compact of 1802 ; while she has thereby gained a ter- 
ritory more than sufficient to pay her proportion of the ex- 
penses of the war by which it was acquired. 

Cherokees. The Cherokee nation, possessing a territory 
of ten millions of acres on the borders of Georgia, Alabama, 
and Tennessee, and lying partly in eachof these states, con- 
tains a population of something more than thirteen thou- 
sand, exclusive of fourteen hundred slaves, and five thou- 
sand, who in the year 1817, and several preceding years, 
had emigrated to the Arkansas.* The exertions to civilize 
this community have been more successful than any others. 
Their habits, manners, and mode of living, bear a near re- 
semblance to their white neighbors. They discountenance 
the use of ardent spirits, are not uncommonly addicted to 
vice and crime, and may in truth be considered as a Chris- 
tian community. Instead of wasting away and diminish- 
iag, like other tribes on the approach of the whites, their 
numbers have for several years past been gradually in- 
creasing. Those who removed to Arkansas, soon found 
themselves at war with the neighboring Osages, who con- 
sidered them as intruders ; and all subsequent attempts to 
obtain further cessions, or induce them to emigrate, have 
proved ineffectual. Their language is reduced to a written 
form, and grammatical rules ; they have a printing press, and 
a periodical paper published at Newtown, their principal 
village, both in the English and Cherokee languages. In 
the year 1827, they formed a written constitution, resem- 
bling in its principal features, those of the states, elected 
their officers, and commenced a regular government. To 
the benevolent societies, by whose exertion these events 
bad been brought about, and to the philanthropist, this pro- 
gress of the Cherokees in civilization was highly gratifying j 



Cemus of Cherokees, 1805, 



324 HISTORICAL SKETCHES CH. XVIII. 

but to their white neighbors who had promised themselves 
the possession of their lands at no distant period, it as- 
sumed an alarming aspect. It put an end to any hopes of 
further acquisition on any peaceable or reasonable terms. 
The Georgia delegation in congress denounced all attempts 
to civilize the Indians within their limits, by the govern- 
ment, as a species of double dealing, calculated and de- 
signed to defeat the compact of 1802. The states, within 
whose limits the territory of the Cherokee nation lay, con- 
sidered their proceedings an infringement of the right of 
state sovereignty. They claimed that they had uncon- 
trolled and supreme jurisdiction over all the lands within 
their boundaries ; and that two independent governments 
could not exist within the same limits. The states of Geor- 
gia and Alabama, extended their civil and criminal jurisdic- 
tion over the whole Indian territory within their borders, 
and called upon congress to prohibit the Cherokees from 
exercising the rights of self-gvemment under their consti- 
tution. These claims, if sustained, it was evident would 
operate as a total change of that policy which the Ameri- 
can government had ever pursued in relation to the Indians. 
If the jurisdiction of the state authorities were to be ex- 
tended over them, and they made subject to their munici- 
pal laws, and interdicted from the right of self-government, 
they could in no sense be considered as an independent 
community. All their rights, privileges, and immunities as 
[ndians, which the general government, from a considera- 
tion of the peculiar relation in which they stood to this 
people, have ever felt themselves bound to maintain, must 
cease. Another consequence resulting from these princi- 
ples was, that the Indian population must be taxed, and re- 
presented in congress and the state legislatures, or that 
fundamental principle on which all American freedom is 
based, to wit, that people are not to be governed and taxed, 
but by legislatures, in the choice of whom they have a voice, 
must be subverted. 

Delegation to Washington. A respectable delegation 
of the Cherokees, attended at Washington during the ses- 
sion of congress in 1828-9, and presented a memorial to the 
war department, in which they state, " that the legislature 
of Georgia, in defiance of the laws of the United States, 
and the most solemn existing treaties, have extended a ju- 
risdiction over their nation, to take effect in June, 1830. 
That their nation had no voice in the formation of the con- 
federacy of the union, and has ever been unshackled with 



1825. OF THE UNITED STATES. 325 

the laws of individual slates, because independent of them. 
And that they can view this act in no other light, than a, 
wanton usurpation of power, guarantied to ^no state, either 
by the common law of the land, or by the law of nature." 
This remonstrance being presented near the close of the 
presidential term, its consideration devolved on the succeed- 
ing administration, who supported the state claims. 

Secretary of war^s answer to their memorial. The task 
of defending them devolved of course on the war depart- 
ment, at this time filled by Colonel Eaton, of Tennessee, 
one of the states interested in supporting the claims. The 
facts, and the course of reasoning by which they were sup- 
ported were, that something more than a century ago, some 
of the subjects of the king of Great Britain discovered 
and settled on the borders of the Atlantic ocean, five hun- 
dred miles eastward of their territory, by virtue of which 
he became vested with the sovereignty and jurisdiction of 
the whole country, from the ocean to the great river. That in 
consequence of the declaration of independence, and the 
peace of 1783, his title becam-e vested in the several states 
into which the territory was divided, and by force thereof 
they have the exclusive right of jurisdiction and sovereignty. 
That nothing remains to the Indians, but a mere possessory 
title ; and no remedy can be perceived for them but a re- 
moval beyond the Mississippi. The secretary further in- 
forms them, that if the general government should under- 
take to interfere with the proceedings of Georgia, it might 
hazard a war with that state. This, he says, is the result 
of a full and free conversation with the president, and sub- 
mitted to them by his direction, with many assurances that 
their great father entertains for them the most friendly 
feelings.* To the plain unsophisticated Indian mind, this 
reasoning was incomprehensible ; a shorter process leading 
to the same result, would have been more intelligible, and 
less insulting to their understandings. " The white man 
wants your land ; the states have power, therefore they 
have right. Depart." 



'*• Secretary at war to the Cherokee delegation, April ISth, 1829. 



28 



.S26 



HISTORICAL SKETCHES Oil. XXX% 



CHAPTER XIX. 

State of parties consequent on Mr, Adams' election— Charges of a corrupt 
bargain ; how supported— Mr. Clay's answer to them— Their effect on pub- 
lic opinion— First session of the 19th congress — Message— Different con- 
structions of the constitution— A liberal one adopted-Mr. Lloyd's report on 
the discriminating tonnage duties— Judiciary bill lost by a dis?igreement 
between the two houses, as to the arrangement of the circuits— Proposi- 
tions to amend the constitution in the senate ; in the house of representa- 
tives ; negatived— Reports of engineers on internal improvements— Na- 
tional road to New Orleans— Chesapeake and Ohio canal— Important na- 
tional objects to be accomplished by them— Constitutional question— Pana- 
ma mission — Mr. Benton's report on executive patronage — Six bills proposed 
to diminish it — Bill requiring the president to assign reasons for the remo- 
val of officers— Bill for the relief of F. Larche— Debate on the subject. 

Commencement of Mr. Adams^ administration. Mr. 
Adams having been elected to the presidency by the house 
of representatives, from the second on the list, though pre- 
sident in fact according to the forms of the constitution, it 
was claimed by the friends of General Jackson, that he held 
the office against the will of a majority of the people. A 
plurality of votes in the electoral colleges affords presump- 
tive, though by no means conclusive evidence, that the 
highest candidate is a greater favorite of the whole commu- 
nity than the second. How the electors or the people would 
have voted on a second canvass, confined to the highest 
two on the list, never has been or can be known. The 
principle of the constitution, directing th6 choice ultimately 
to be made in the house of representatives, from the highest 
three, is grounded upon this conviction. 

Opposition. A maxim all important in the American 
system, and on which its duration essentially depends is, 
that when a president is constitutionally elected, his admi- 
nistration should be viewed with candor, and supported in 
all its wholesome measures. In this instance, the aggregate 
of opponents, consisting of the friends of all the other can- 
didates, occasionally augmented by desertions from those 
of Mr. Adams, who could not be gratified with oSice, formed 
a majority of the nation ; and early commenced their ope- 
rations against his administration. The affairs of the 
United States being in a prosperous train, and the new presi- 
dent pursuing the successful course of his predecessors. 



1825. OF THE UNITED STATES. 327 

very little matter could be found during the summer of 1825, 
with which an unfavorable impression could be made. Po- 
litical discussions were almost entirelyconfined to the charge 
of a corrupt bargain between the president and secretary of 
state, that Mr. Clay should give Mr. Adams the first, and he 
give Mr. Clay the second office in the government. Public 
opinion, at this period, had not become so entirely callous 
upon this subject, but what such a charge, if well supported, 
must prove fatal to the future prospects of the implicated. 
The circumstances principally relied on were, 

That the representatives from the five western states, 
who had supported Mr. Clay, and now held the stakes, had 
a meeting during the canvass, and first resolved that they 
would give a united vote, and secondly that it should be for 
Mr. Adams ; and that this arrangement was brought about 
by the controlling influence of Mr. Clay : 

That he voted for Mr. Adams against the instructions of 
the house of representatives of Kentucky. 

That a conversation had taken place between the mem- 
bers respectively, friendly to General Jackson and Mr. Clay, 
in which it was surmised, that Mr. Adams was securing the 
influence of the west, by assurances that the vacancy in the 
cabinet occasioned by his elevation, should be filled by Mr. 
Clay, which would be the proper stepping stone to the next 
presidency, and ultimately accomplish the views of that im- 
portant section of the union — that General Jackson ought 
to counteract this influence — by an assurance on his part, 
that in case of his election, Mr. Adams would not be conti- 
nued in the office of secretary of state, which proposition 
he indignantly rejected. 

That Adams and Clay had long been political opponents ; 
had disagreed on essential points in the negotiations at 
Ghent ; and had been rival candidates for the presidency ; 
notwithstanding which they had now become suddenly re- 
conciled, bestowing on each other the highest offices in the 
government. 

The fact that each was now in possession of those offices 
respectively, it was claimed, was conclusive evidence of the 
combination. 

Defense of the administration. These allegations, in 
every form which ingenuity could suggest, were reiterated 
with unceasiug assiduity throughout the union. Mr. Clay 
met them, in their various shapes, in a fair, open, and un- 
disguised manner. He utterly denied any bargain, agree- 
ment, or understanding between him and Mr. Adams, or any 



328 HISTORICAL SKETCHES CH. XIX • 

conversation whatever relating* to the subject ; or that any 
persons with his knowledge, privity, or consent, had ever 
made any propositions of the nature alluded to. Upon anj- 
fair principles this denial exonerated Mr. Clay, until the 
facts were proved upon him by his opponents. 

After the charge had been publicly made in the house of 
representatives, there discussed, and finally abandoned, it 
was revived and brought forward in a conversation at Gene- 
ral Jackson's residence in Nashville, in the summer of 
1825, between him and a select party of friends, and further 
publicity given to it in a subsequent correspondence between 
him and Mr.Beverly of Virginia. On being called upon for 
his authority, the general referred to Mr. Buchanan, a mem- 
ber of the house of representatives from Pennsylvania, 
whose reply by no means supported the charge. He ad- 
mitted, indeed, that he had had a conversation with Gene- 
ral Jackson on the subject of the canvass, but none which 
intimated that he was the agent of Mr. Clay, or had ever 
had any conversation with him, or knew of any agreement 
or understanding between him and Mr. Adams, or any thing 
warranting tho inferences in the general's communications. 
Mr. Buchanan rejects with becoming indignation the charge 
of being the tool or agent of any person, for the purposes 
intimated in the correspondence. 

Mr. Clay produced and published the testimony of a great 
number of respectable gentlemen, many of whom he had 
been associated with in public life, who affirmed that as soon 
as the state of the electoral votes were known, he openly 
and publicly declared, that, considering Mr. Crawford's 
health, and the small number of eler-.toral votes in his favor, 
he viewed him as out of the question, and that as between 
Adams and Jackson he had a decided preference for the 
former. 

To the charge th'at he had disobeyed the will of his con. 
stituents, Mr. Clay replied, that he held his seat in congress 
by virtue of the suffrages of a district in Kentucky, who 
alone had a right to control his vote, and who, as between 
the two candidates, preferred Mr. Adams. Admitting;, 
therefore, the right of the constituent to direct the vote of hia 
representative, Mr. Clay had acted in conformity to the 
wishes of his electors. The legislature of Kentucky, how- 
ever respectable a body of men, he did not think had a right 
to obtrude their advice upon him unasked, or control his 
vote against his own opinion, and that of his constitiv. 
ents. 



1825. OF THE UNITED STATES. 329 

In relation to any personal hostility between him and Mr. 
Adams, he denied its existence. As public functionaries » 
they had been much connected. Associated in the negotia- 
tions for peace, the subject of the free navigation of the Mis- 
sissippi for British subjects to pass from their colonies near 
its head waters to the ocean, on the one hand ; and the 
privilege of taking fish on the British North American coast 
by citizens of the United States on the other, incidentally 
came under discussion with the British commissioners. 
Mr. Adams, as was to be expected, attached more conse- 
quence to the fisheries than did Mr. Clay; and the reverse. 
As rival candidates for the presidency, they had indulged 
no personal animosities, and neither they nor their friends 
had assailed their private characters. Having both held 
conspicuous stations in the government, they had harmo- 
nized in the great topics of American policy, and wherein 
they differed on minor subjects, it was characterized with 
the candor of gentlemen, and not with the rancor of party. 
Mr. Clay justified his vote for Mr. Adams, on the ground of 
his superior talents and long experience m the great con- 
cerns of the American nation. Mr. Adam» vindicated his 
nommation of Mr. Clay to the office of secretary of state, 
as well because his abilities eminently qualified him for the 
station, as that his residence in the west gave him peculiar 
claims. 

These views of the Adams administration, on the subject 
of the presidential canvass and its results, were circulated 
throughout the United States, with equal assiduity with 
those of their opponents. But it is an evil, incident to a 
free press, that truth and falsehood are spread with equal 
ease, and nearly equal success in periodical publications. 
This engine holds a controlling power over the elections. 
Four fifths of the electors read and form their opinions 
from the newspapers ; and those who do not read them, 
take their stand from those who do. The great mass of 
readers see only one side, the few who read both do it with 
a view of finding something to support their party, rather 
than of investigating truth. In relation to the circula 
tion of falsehoods, the antidote is by no means concurrent 
or co-extensive with the poison. By these means a great 
portion of the American people were led to believe, that 
their wishes had been contravened in the choice of a chief 
magistrate, by a corrupt bargain between the first two offi^ 
cers in the government. The denials and refutations, 
though entirely satisfactory to a large portion of the commu* 
28* 



330 HISTORICAL SKETCHES CH. XIK, 

nity, seldom reached the ears of those who had been made 
familiar with the charges. Party spirit, at first very much 
confined to the disappointed who expected offices under 
General Jackson, and those who held them under Mr, 
Adams, gradually diffused itself among the great mass of 
people. Every movement adapted itself with the regularity 
and skill of the most experienced generalship, to another 
contest. 

First meeting of the nineteenth congress. The first 
session of the nineteenth congress was looked to with 
much interest. It commenced on the 5th of December, 
1825. The house of representatives organized itself by 
the choice of Mr. Taylor, of New York, speaker, on the 
second ballot. The opposing candidates were Mr. Camp- 
bell of Ohio, and M'Lane of Delaware. 

Message. The president's message, communicated on 
the 6th,was sought with eagerness, as indicative of the course 
ofpolicy tobe pursued by his administration. It presented a 
favorable aspect of the general concerns of the nation, 
foreign and domestic. Congress were informed, that the 
subject of the British colonial trade remained unadjusted, 
and the claims on France and other Eurapeon powers, for 
spoliations unsatisfied. The principal subjects recom- 
mended to the consideration of the national legislature, 
were, an entire abolition of discriminating tonnage duties, 
as to the vessels of all nations, who would reciprocate the 
principle ; a revision of the judiciary system ; a bankrupt 
^aw ; the establishment of an observatory ; a national uni- 
versity ; internal improvements on an extended scale ; 
voyages of discovery ; a uniform standard of weights and 
measures ; and a review of the patent law with a view of 
extending its provisions. In the end the message suggests 
, that some of the objects may not be within the provisions 
of the constitution ; but recommends a liberal construction 
of that instrument, to adapt it to the present condition and 
wants of the nation. 

Liberal construction of the constitution. Both the ge- 
neral and state governments exist by virtue of written con- 
stitutions, emanating from the people ; the object of which 
has been to confer on the former, all powers relating to 
general national concerns, and on the latter, every thing of 
a local, municipal, and domestic character, both to be exer- 
cised in such manner, as to secure the rights, and promote 
the happiness of the whole.. The great difficulty in the 
system has been to mark the boundaries of each, so a§ to 



i 



1820. OF THE UNITED STATES. 381 

prevent conflicting claims. The message declares the fe- 
deral constitution to be a charter of limited powers ; the 
position is no less true of the state constitutions ; each are 
limited by the general nature of their respective objects, 
and each requiring a liberal and extended construction to 
effectuate these objects. The national compact, formed in 
the infancy of the republic, could not be expected, in its 
specific provisions, to meet the exigencies of an extended 
empire in its maturity. In vain do we look in that instru- 
ment for any clauses, expressly authorizing the making of 
roads and canals, improving harbors, and the navigation of 
rivers, establishing corporations, purchasing libraries, be,- 
stowing money for charitable purposes, and least of all can 
be found in the constitution, any powers authorizing the 
general government to purchase additional territories, be- 
yond the national boundaries, and incorporating them into 
new states as constituent parts of the union. Yet all these, 
and other equally extra-constitutional acts, have been done 
and sanctioned by the legislative, executive, and judiciary 
authorities, acting under the obligations of an oath, to sup- 
port the constitution. The people have ratified these acts 
by the repeated re-elections of the agents by whom they 
have been accomplished. 

To adapt the constitution of 1787 to the exigencies of the 
nation for a century to come, recourse must be had eitherto an 
amendment as often as a new case occurs, or to a construction 
extended far beyond the ordinary import of its terms. The 
former alternative, in a widely extended empire, and among 
a people jealous of each other, and possessing different and 
conflicting interests, would be often impracticable, and always 
inconvenient. Besides, it would destroy the beautiful sim- 
plicity of the original, and render its provisions complex and 
unintelligible. These considerations, operating in unison 
with that natural propensity ever to be found as well in in- 
dividual as corporate bodies, to an extended construction of 
their own powers, have uniformly led to the latter alterna- 
tive. Some expressions, of a general import, seem to war- 
rant the constituted authorities in doing what they may 
deem to be for the public good, without looking for a special 
delegation of the power in the instrument under which they 
act. In the preamble the people say, that one object of 
their entering into this compact is " to promote the general 
welfare." They expressly delegate to congress the "power 
to lay and collect taxes and imposts," among other things 
** to provide for the general welfare," and they finally clothe 



332 HISTORICAL SKETCHES CH. XIX. 

them with authority to make all laws necessary and proper 
to carry into execution the specific powers with which they 
are invested. In these general expressions the framers of 
the constitution say to those who shall thereafter adminis- 
ter it, " We cannot foresee or define all the specific objects 
on which it will be necessary for you to legislate. You 
must therefore do what, in your opinion, the public good or 
the general welfare requires, trusting to the good sense of 
your constituents for their approbation." And in the end 
they say, " If in any particular this instrument shall be 
radically defective, we have provided a way for its amend- 
ment." 

Such were the prevailing views entertained by a-majority 
of the national legislature of the nature of the instrument 
under which they were assembled, at the commencement 
of the first session of the 19th congress; though on nume- 
rous occasions the alarm that the constitution was in dan- 
ger did not fail to be sounded. 

Discriminating duties. In the senate, Mr. Lloyd, from 
the committee of commerce, made an able and luminous 
report on the subject of an entire abolition of the discrimi- 
nating tonnage duties. The act making a difference of 
ninety-four cents a ton in the duties imposed on foreign and 
American vessels, entering the ports of the United States 
from foreign places, and an additional duty on their cargoes, 
was passed at the commencement of the government, for 
the express purpose of bringing into operation and protect- 
ing the navigation of the states against foreign competition. 
By that act, a foreign vessel of two hundred tons, making a 
voyage to the United States, and laden with a cargo of ten 
thousand dollars value, paid an excess of duties over an 
American vessel of the same size, and performing the same 
voyage, of eleven hundred and eighty-eight dollars. This 
regulation occasioned a sectional difference in the congress 
of 1791, similar in principle to the tariff of 1828. The 
southern interest, possessing little navigation, and bulky 
staples for exportation, considered it as a tax upon their in- 
dustry for the benefit of the north ; as their produce must 
arrive at foreign markets, charged with alien tonnage. The 
act, however, operated with a force almost magical, and in a 
short period created a mercantile, marine, and home com- 
petition, reducing freights much below what they were be- 
fore the passing of the act. From a concise historical view 
of the operations of the act, and of tlie present state of 
American navigation, Mr. Lloyd clearly showed, that the 



1820, OF THE UNITED STATES. 333 

former had fully answered its design, and that the latter 
was able to compete on equal terms with that of any other 
nation. And in the spirit of an enlightened and liberal 
statesman, recommended an oifer to the commercial world, 
to place American and foreign vessels on an equal footing. 
For this purpose a bill was introduced by the committee and 
passed with little debate, providing that the vessels of any 
foreign power, who should reciprocate the principle, should 
be admitted into the ports of the United States without paying 
any other or higher duties of any description, than what 
American vessels under similar circumstances were liable to 
pay ; and treaties were made in the following summer with 
Denmark and Colombia on this basis. 

Amendments of the constitution. The circumstances 
attending the presidential election m the two instances in 
which it had terminated in the house of representatives, 
made it evident that the frequent occurrence of such an 
event ought, if possible, to be avoided. In the senate, Mr. 
Benton, from a committee to whom the subject had been re- 
ferred, reported a resolution for an amendment of the con- 
stitution, the leading features of which were, that each state 
should divide itself into as many electoral districts as they 
were entitled to members in both houses of congress ; that 
the qualified voters should meet in each district at a speci- 
fied time in the month of August, in the year 1828, and 
every fourth year thereafter, and give their votes for presi- 
dent, and vice president of the United States ; the person 
having the greatest number of votes in the district, should 
be considered as having the electoral vote of that district, 
which should be counted one in the ultimate canvass. That 
congress should be in session on the second Monday of Oc- 
tober, in the year 1828, and every fourth year thereafter, 
at which session the vote of each electoral district should 
be returned to the president of the senate, and counted, and 
the result made known. In case any person had a majority 
of the electoral votes, he was to be declared president for 
the next terra. If no person had such a majority, the names 
of the highest two on the list were to be returned to the dis- 
tricts, and the voters again to meet at a given time in the 
month of the succeeding December, and give their suffrages 
for one of the two candidates. The electoral votes of each 
district were again to be returned to the president of the 
senate, counted, and the result declared in the same manner 
as on the first canvass ; and only in the remote contingency 
Qf the two candidates on the second canvass, having an equa^ 



334 HISTORICAL SKETCHES CH, XIX. 

number of votes, was the choice to be referred to the house 
of representatives. The same course throughout was to be 
pursued in the choice of a vice president, except, that in 
case on the first canvass there should be a choice of a presi- 
dent, and none of a vice president, the latter officer should 
be chosen by the senate from the highest two on the list. 
The resolution was accompanied by an able report, portray- 
ing at great length the evils incident to the present mode, 
and answering objections which might be supposed to exist 
against the one proposed. 

In the house of representatives, ten or twelve resolutions 
w^ere introduced by as many different members, on the sub- 
ject of amendments of the constititution, relating to the pre- 
sidential election, all professing to pursue the same object, 
but much diversified in character. One was in principle the 
same as Mr. Benton's. Another attempted to restore the 
original provisions of the constitution. The whole subject 
was referred to a committee of twenty-four, one from each 
state, who after many fruitless efforts, found it impossible to 
agree upon any mode, and asl.ed to be discharged. This 
unsuccessful attempt to amend the constitution, in a point 
imiversally agreed to be defective, evinces the extreme dif- 
ficulty with which any alterations in that instrument can be 
effected. 

' Judiciary bill. In the house of representatives, Mr. 
Webster, from the judiciary committee, reported a bill for 
establishing three new judiciary circuits in the west, and 
southwest. In those sections, the judges of the district 
courts had hitherto been invested with the power of holding 
circuit courts, with the same jurisdiction as those courts in 
the other states, when holden by a judge of the supreme 
Court, associated with the district judge. This anomaly in 
the judiciary, to the disadvantage of the west, was remedied 
by the proposed bill. Its principles were generally approved. 
Its details occasioned considerable discussion. Having 
passed the house, it was amended in the senate by altering 
the arrangement of the new circuits, and the two houses 
not being able to gree, the bill, notwithstanding its acknow- 
ledged importance, failed. 

Internal improvements. The congress of 1823-4, made 
provision for taking surveys and estimates for roads and 
canals, embracing a system of internal improvement upon 
an ej^tended scale. Three objects deemed of primary im- 
portance had been.atended to. One, a national road from 
the seat of government to New Orleans. "iThree routs were 



1826. OP THE UNITED STATES. 335 

examined, denominated the eastern, middle, and western ; 
the first passing through the principal cities in the southern 
states ; the second, along the base of the Allegany ; and the 
third, crossing the mountains and desceBding the valley of 
the Mississippi. The distance on the middle rout, which is 
stated to be something the shortest, is eleven hundred and 
six miles. The second important object, the first indeed in 
a national view, was the uniting the waters of the west with 
those of the Atlantic by a canal communication, com- 
mencing on the Potomac in the district of Columbia, and 
extending to the Ohio. The third, was the opening of an 
inland water communication, from the Atlantic to the gulf 
of St. Lawrence, by improving the navigation of Connecti- 
cut river, extending a canal from its head waters to lake 
Memphremagog on the borders of Canada, and relying on 
the Canadian authorities to extend it to the St. Lawrence. 

The utility of these and other objects of internal improve- 
ment in a national view is unquestioned ; their importance 
for commercial, political, and military purposes cannot be 
doubted. Every road or canal, facilitating the intercourse 
between the east and the west, is an armor of defense and a 
bond of union, economical, permanent, and indissoluble. 
In a pecuniary view, every dollar judiciously expended on 
this object, is a profitable investment to the treasury. The 
United States are the proprietors of the soil, much of it in- 
deed subject to an Indian title, which is held in little esti- 
mation, of the vast and inconceivable quantity of one thou- 
sand million of acres of land, all lying to the westward of 
the city of Washington. As a whole it may be denomi- 
nated salubrious and fertile, and possessing advantages 
for the support of human life, equal to any tract of the same 
extent on the globe. This tract is in market, for the benefit 
of the treasury of the United States. The purchasers are 
from the east, who must pass the Allegany to view and oc- 
cupy the territory. Any operation which facilitates this 
passage, and brings the land more to the view of purchasers, 
enhances its value. One of the first objects of a judicious 
landholder, possessing the territory of the United States 
west of the Allegany, would be a canal from the Chesapeake 
to the Ohio. 

The impost, the great source of American revenue, is 
derived from the consumption of foreign articles : this again 
depends on the facility with which the consumer can obtain 
them. The population west of the Allegany, nearly ba- 
lances, andwill soon exceed that of the east ; their consump- 



336 HISTORICAL SKETCHES OH. XIX% 

tion of dutiable goods is necessarily small, so long as the 
supply is dependent on a tedious and expensive land trans- 
portation. A safe and cheap water communication between 
the east and the west, will have a powerful and rapidly in- 
creasing effect on the customs. 

The general government is the only power which can or 
ought to accomplish these objects ; that only has the means ; 
to that the states have surrendered their most important and 
productive sources of revenue ; and that only can direct the 
operations with beneficial effect. The public debt is nearly 
extinguished, and in considering future important objects is 
hardly to be taken into the account. After the period of its 
extinction, there will be nothing to which the great and in- 
creasing revenue can be profitably employed but to objects 
of internal improvement. The permanent means of defense, 
viz. fortifications and a navy, have been brought to that 
state of perfection as to put at rest all fears of invasion and 
aggressive war. A large unappropriated revenue affords 
powerful inducements to wars of ambition and aggrandize- 
ment, to which all experience proves republics are equally 
prone as monarchies. 

In regard to most of the great objects of internal improve- 
ment, individual states have neitheir the means, nor suffi- 
cient interest to accomplish them. The great canal, con- 
necting the waters of the Mississippi valley with the Atlan- 
tic, can never be accomplished by the states through which 
it passes, or those for which it is designed to open a commu- 
nication. The contemplated national road from the seat of 
government to the great emporium of the southwest, thougli 
absolutely necessary for the safe transportation of the mails, 
and for the purpose of connecting that section of the union 
with the head ; and though of great utility to the states 
through which it passes ; if ever made must be by the agency 
of the general government. The same principle applies, 
though perhaps not with equal force, to the other great ob- 
jects of internal improvement. Public opinion unquestiona- 
bly calls for a liberal system on this subject ; and the only 
real question is, whether it can be done without an amend- 
ment of the constitution, expressly autliorizing the measure. 
This appears to be one of those undefined objects, to which, 
the framers of the constitution, under the head of " pro- 
viding for the general welfare, authorized the application of 
tiie public funds. Jealousies that some sections of the union 
would get more than their proper share of the benefits, and 
that combinations might be formed by means of which the 



1826. OF THE UNITED STATES. 337 

moneys would be improperly distributed, have led to a pro- 
position to apportion to the several states, the funds appli- 
cable to internal improvement according to their population, 
to be expended under the direction of the state authorities. 
A proposition, however well designed, is one which, in its 
operation, would defeat the whole object. Very few roads 
and canals, which are of sufficient public importance to re- 
quire the aid of the general government, are bounded by the 
limits of a single state. Nearly all would require the con- 
current operations of several. From a diversity of interests 
and views entertained by the several states to be affected, 
such a concurrence could not be expected. Important na- 
tional channels of communication would require to be opened 
through small states in which they would themselves feel lit- 
tle interest, and to which their portion of the funds would 
be altogether inadequate. Connecting the waters of New 
^ork bay, for instance, with the Delaware, and those again 
with the Chesapeake, by canals across the states of New 
.Tersoy and Delaware, are objects in which those small states 
have comparatively little interest, and would never be accom- 
plished by their proportion of the funds. 

The question as to the constitutional powers of congress 
on this subject, has been frequently and fully discussed, and 
repeatedly decided in the affirmative by large majorities in 
both houses, against the opinions o-f presidents Madison and 
Monroe. These decisions seemed to have put the question 
at rest until the accession of Mr. Adams to the presidencv. 
The administration of 1825 were known to be zealous friends 
of internal improvement. Much of Mr. Clay's celebrity 
rested on this basis. The opposition denounced the mea- 
sure as unjust, partial, infringing on state rights, and un- 
constitutional. TLey derived great strength and support 
from the resolutions of several state legislatures in the south, 
declaring in unqualified and severe terms, that objects of 
internal improvement were not within the constitutional 
powers of congress ; and that they were in violation of the 
jurisdiction, and territorial rights of the states within which 
they were attempted. 

Though the subject of internal improvements afforded 
much opportunity for opposition to come out against the 
administration, the Panama mission was the great rallying 
point. The part which Mr. Clay had always taken in rela^l 
tion to the southern republics, added much to the zeal with 
Avhich the mission was opposed. The propriety of the mea. 
mre being judged of by the state of things at the time thr 
29 



338 HISTORICAL SKETCHES CH. XIX, 

invitation was accepted, and not by subsequent events, it 
affords little ground to impeach the wisdom of the execu- 
tive. 

Report of committee on reducing executive patronage. 
The great master-piece of electioneering policy appeared 
in the report of a select committee of the senate, to whom 
was referred a resolution introduced by Mr. Macon, •' to in- 
quire into the expediency of reducing executive patronage." 
The report was presented to the senate on the 4th of May, 
just at the close of the session, and the very unusual number 
of 6,000 copies ordered to be printed for distribution. Its 
object seemed to be, to show that republics have a natural 
and unavoidable tendency to degenerate into monarchies, 
or the rule of a single person, under whatever name the 
government or its administrator may be designated ; that 
this tendency arises principally from executive patronage ; 
that in the American system, the president has under his 
control the whole host of officers, and persons who in any 
way receive emolument from the public treasury ; that they 
again act upon a circle, more or less enlarged, of friends 
and dependents ; to which is to be added, an army of ex« 
pectants. The operations of this great engine, the com- 
mittee apprehend, to be entirely directed by the president, 
and sufficiently powerful to govern the state and federal elec- 
tions, and to assimilate them to the rotten boroughs, and the 
corrupt and tumultuous proceedings of the British system. 
The practice of selecting the principal executive officers 
from the halls of congress, the committee reprobate in un- 
qualified terms, as tending to destroy the independence of the 
national legislature, and render them the mere registers of 
the executive will. 

The vast power and patronage lodged in a single person, 
they apprehend, not only may, but certainly will be per- 
verted to the most pernicious purposes. The president, 
they say, will dismiss faithful public servants, for no other 
reason but their preference of another man to administer 
the government, and in order to give him an opportunity 
to reward his friends. He will secure his influence in con- 
gress, by holding up to the view of the most aspiring and 
hifluential members, the highest offices in his gift. The 
committee, indeed, in many of their remarks, seem to have 
had in 1826 a prophetic view of the events of 1829-30. 

They illustrate their subject by a number of extracts from 
what is denominated the blue book, being a list of all th^e 
persons receiving emolument from the treasury of the 



1826. OP THE UNITED STATES. 339 

United States, with the sums received by each. In the re- 
venue department, in the port of New York, according to 
this list, they amount in number to one hundred and seven- 
ty-four, and their wages to ^148,921. In the port of Nor- 
folk, in Virginia, forty-one officers are employed, at an ex- 
pense of upwards of §16.000, to collect a revenue short of 
$65,000. 

The liberties of the people, the committee apprehend, 
would be much less at hazard, if they had any controlling 
voice in the choice of the chief magistrate, by whom this 
mighty engine is to be wielded ; but according to the pre- 
sent system, they have but a remote and inefficient voice. 
On the whole, the committee lament their inability to work 
out a radical reform, but present, as the result of their la- 
bors, and as only the commencement of what ought to be 
done, six bills, having for their object the reduction of ex- 
ecutive patronage, recommending it to future legislatures to 
perfect the work. 

One of the bills provided, that the selection of newspapers 
in which the laws and public advertisements should be 
printed, in each state, should be made by their respective 
delegations in congress. A second, that the postmasters at 
the larger offices, should be appointed by the president, with 
the consent of the senate. A third, that military and naval 
officers should be commissioned during good behaviour. Two 
others related to the mode of selecting midshipmen, and 
cadets for the military academy. The most important one 
provided, that the president, in his nominations to the se- 
nate, in every case where the vacancy had been made by 
the removal of a former incumbent, should state the reasons 
for such removal. The committee seemed to be v/ell aware 
that this power placed in the president, to be exercised at 
pleasure, and without being required to assign reasons, was 
liable to great abuse ; and that an injudicious, and much 
more a capricious use of it, was detrimental to the common- 
wealth. That a diligent, faithful, and intelligent perform- 
ance of official duty, gave the incumbent a title to the con- 
fidence of his superior ; and a reasonable expectation that 
he should not be removed without cause. They had not 
yet learned the doctrine, that rotation in the offices in the 
gift of the executive, was conducive to their faithful dis~ 
charge ; they supposed, indeed, that when to the other qua- 
lifications which the incumbent might possess, in common 
with many of his fellow-citizens, was added the important 
one of experience in the discharge of its duties, the public 



340 HISTORICAL SKETCHES CII* XIX - 

interest would be jeopardized by a capricious change ; more 
especially as he would, knowing he held the office by such a 
tenure, be induced to sacrifice public good to private emolu- 
ment. In their opinion, offices created for the benefit of 
the community, should never be prostituted to reward favor- 
ites. They seem to have foreseen, that after a warmly 
contested election, the successful candidate would be strongly 
urged to make use of this all-powerful instrument to reward 
his friends, and punish his opponents ; that his own inclina- 
tions, together with what h€ might suppose would be con- 
ducive to his re-election, would lead to the same object, and 
that their combined influence would be irresistible. They 
adduced no instances of such a corrupt and unprincipled 
course ; no president having, as yet, ventured on the expe- 
riment of removing faithful officers, for the purpose of re- 
warding the active instruments of his election. But they 
argued with great force, as well from the imperfections of 
human nature, as from the history of other countries, that 
such might, and probably would be the case in future, which 
they considered as one of the last stages of degeneracy and 
corruption. 

In another report, from the same committee, in which 
they recommend an amendment of the constitution, pro- 
viding that " no senator or representative shall be appointed 
to any civil office, place, or emolument, under the authority 
of the United States, until the expiration of the presidential 
term in which such person shall have served as a senator or 
representative," they denominate this power of making va- 
cancies, a kingly prerogative, and consider the exercise of 
it, when the vacancies are filled, for the most part, from 
members of congress, as eflfectually destroying the inde- 
pendence of that body. 

The report, with its accompanying bills, after being pub., 
lishedand distributed, has hitherto lain dormant on the files 
of the senate. The course pursued by the administration of 
1825, in regard to the principal topics, was calculated to 
allay the apprehensions intended to be excited. No vacan- 
cies were made, on account of the part which the incum- 
bent had taken in the preceding contest, and no undue pro- 
portion of such as occurred, were filled from the halls of 
congress. As an electioneering j)roject, the report stands 
unrivalled in the annals of congress. It touched, with a 
masterly hand, the most sensitive chords, inducing a belief 
that a large portion of the revenue was expended in corrupt- 
ing the purity of elections, not, indeed, by direct bribery^ 



1826. OF THE UMTED STATES. 341 

but in a manner more fatal to the liberties of the people, by 
prostituting the power of removal and appointment to that 
purpose, and maintaining a host of useless officers, depend- 
ent on the executive will. That this enormous power was 
now in the hands of a chief magistrate, who was not the 
choice of the people, and who would make use of the whole 
weight of executive patronage, to secure his re-election. 

The reports were ably drawn, and pointed out in strong 
language the prominent dangers to which the republic was 
exposed. The misfortune was, that this committee, who, 
in 1826, BO faithfully warned the people against these dan- 
gers, should, in 1830, be reduced to the alternative of aban- 
doning the principles of their reports, or the administration 
of their choice. 

A bill for the relief of F. Larche, of little consequence in 
itself, which had passed the senate without opposition, in 
the house of representatives was made the occasion of a 
serious and protracted debate, on account of a principle 
supposed to be involved in its passage. 

At the time of the invasion of New Orleans, a horse, cart, 
and slave, the property of Larche, was pressed into the ser- 
vice, and employed on the fortifications ; and while thus 
employed, the slave was killed by a cannon shot from the 
enemy. The bill made provisions for paying the owner the 
value of the slave. The principle adopted at the close of 
the war, on this subject, was, that the United States should 
make compensation for private property, in public service, 
destroyed by the enemy, but not for human life ; and the 
questions in the discussion of which the slave-holding and 
non-slave-holding states brought out all their forces, were, 
under which head the applicant's loss was to be classed, and 
whether slaves were property or persons? Aside from the 
obscurity thrown upon the subject, by the ingenuity of de- 
bate, it must have been perfectly evident, that thoy partook 
of the nature of both. Possessing the human form, features, 
and mind, they were properly considered as persons ; being 
by the laws of Louisiana, the subject of use, traffick, and 
transfer, they possessed the essential ingredients of pro- 
perty. This being the only claim of the kind, the question 
was not worth, in a pecuniary view, a single day's debate ; 
and its discussion, on this occasion, served no other pur- 
pose but to awaken sectional jealousies. The committee 
of claims, to whom the subject was referred in the house of 
representatives, recommend the rejection of the bill, upon 
principle : thev say, that " the emergency justified the im- 
29* 



342 HISTORICAL SKETCHES CH. XIX. 

pressment of every moral agent, capable of contributing to 
the defense of the place ; to call upon the master to defend 
himself and slave, as well as the slave to defend his master. 
It would be the height of injustice to call upon the frer 
citizens of states many hundred miles distant from the point 
assailed, to pour out their blood, and sacrifice their lives, 
for its defense, and, at the same time, exonerate from that 
service its own physical and moral force. Men were 
wanted, and in that capacity the slave was put in requisi- 
tion. The master, too, might have been called upon, and 
his sons, and his hired servants, as they were in other parts 
of the country, where sons, and fathers, and husbands, 
fought and died, without having their lives valued, or com- 
pensated in money. 

The slave-holding states took the alarm at the principles 
supposed to be involved in this report. They considered 
it as amounting to a direct denial that slaves were property, 
and an assertion that government had right, in cases of 
emergency, to put arms into their hands. To such an ex- 
tent was the excitement, that General Taylor, a senator 
from Virginia, thought it necessary to give the alarm to the 
executive of that state, by transmitting a copy of the report, 
with such remarks as his apprehension of the fearful nature 
of the consequences suggested. The governor of Virginia 
responded, that " it was a question big with the fate of the 
union, and one well calculated to alarm the sensibilities of 
the patriot." 

No such views, however, were entertained by the oppo- 
nents of the claim. They considered the property of the 
south in their slaves as sacred and untangible, as that hi 
their houses, lands, and goods. They did consider, however, 
that in an emergency, like that of New Orleans, govern- 
ment had a right to adopt any measure deemed necessary 
for its defense. That human life, of which they supposed 
that slaves in common with others were possessed, which 
might be lost in the contest, was not to be compensated in 
money. The report was accepted in the house, and t>ie 
question decided against the claim. 



i820v tXF THE UNITED STATES. 343 



CHAPTER XX. 

Fourth of July, 1826— Death of Adams and Jefferson— How noticed— Im- 
portant principles established during their political course— Freedom oJ 
political discussion, and of the press — Freedom of religious opinion — Its 
effects — Experiment of a state and national government over the same 
people — Difference of opinion, as to the manner in which conflicting claims 
of power are to be settled— Amelioration of criminal law— Confinement 
in penitentiaries substituted for corporal punishment— Imprisonment for 
debt ameliorated and nearly abolished— Laws relaiing to landed titles and 
the collection of debts improved— Internal improvements — Erie and Cham- 
plain canals — Other communications between the Atlantic and the west 
projected and commenced — Steam navigation — Its commencement, and ra~ 
pid improvement— Fraud on the custom house at Philadelphia— Abduction 
of William Morgan— Project of a canal across the isthmus of Panama* 

National jubilee. The 4th of July, 1826, completed 
tifty years since the declaration of independence gave 
birth to the nation. The day was noticed in all parts of the 
United States as a national jubilee. This anniversary, al- 
ways affectionately remembered by the American people;, 
had this year a peculiar interest. It seemed to be a period 
calling- upon them to pause, look back, and observe the pro- 
gress of events. Their numbers had quadrupled, progress- 
ing from two and an half to ten millions. Their wealth, 
strength, and means of defense had increased more than 
tenfold. From a small, scattered population, bordering on 
the western shores of the Atlantic, they had extended be* 
yond the banks of the Mississippi to the base of the rocky 
mountains. The very singular occurrence on this day of 
the death of Adams and Jefferson, two of the three distin- 
guished signers of the declaration of independence who 
lived to see its light, gave it a peculiar interest. 

Death of 'president Adams. Mr. Adams died at his seal 
in Quincy, Mass., at six o'clock in the evening of the anni- 
versary, at the age of ninety years. His illness, other than 
the general debility of age, was but of a few days continuance. 
A short period before his death, the citizens of Quincy re- 
quested his attendance at the proposed celebration. The 
infirmities incident to his years obliged him to decline, but 
he expressed his patriotic feelings in a sentiment to be used 
at their festive board— independence for ever. 



344 HISTORICAL SKETCHES CH. XX. 

Of president Jefferson. On the same day, at one o'clock 
in the afternoon, Mr. JefFerson died at his seat at Monticello, 
Virginia, at the age of eighty-three years. For some months 
previous, his strength had been gradually wasting by a dis- 
order, which, by its slow and sure approaches, indicated the 
fatal result. He expressed a strong desire to see the jubilee 
of American independence, and that that might be the day 
of his departure. His wish was gratified. 

Their characters. Mr. Jefferson was chairman of a com- 
mittee of congress, of which Mr. Adams was a member, 
which prepared and drafted the declaration of indepen- 
dence. That instrument was from the pen of the former, 
who always gave his colleague, Mr. Adams, the credit of 
being its ablest supporter. As well from their talents, as 
from the circumstance that they represented two of the 
most important colonies in different sections, they had a 
controlling influence in congress. They were united in 
the important and hazardous measures which terminated in 
the union of the colonies, and their separation from the pa- 
rent state. Supported by a population but a little more nu- 
merous than the state of New York at the present day, and 
with far less ability to resist, they, with their compatriots, 
fearlessly braved the whole power of Britain, with a cer- 
tainty that death m its most appallmg forms awaited them 
in case of failure. The chances, calculating upon any hu- 
man means or probabilities, were all against them. They 
were both in the prime of life, one thirty-three, and the 
other forty, at the period of the declaration. Both were 
employed, and acted m perfect harmony in the highest poli- 
tical stations during the contest, and the fearful period 
which intervened between its close, and the commence- 
ment of the federal government. On the questions re- 
lating to the adoption of the constitution, and the leading 
measures of congress immediately thereafter, the people 
were divided into two great political parties, and nearly 
equally balanced; the one believing that too much of state 
sovereignty was yielded, and that the incipient measures 
were ot too strong a character ; the other, seeing no such 
imperfections in the system, were the advocates of an ener- 
getic course of conduct. Mr. Jefferson was the head of 
the former, and Mr. Adams, after the retirement of General 
Washington, of the latter. During the first two presiden- 
tial terms, Mr. Adams held the second office in the govern- 
ment, by the national suffrage, and was himself president 
the third term. General Washington, with a liberality and 



1826. OF THE UNITED STATES. 345 

independence characteristic of that great man, appointed 
Mr. Jefferson to the first office in the gift of the executive. 
In the year 1800, Mr. Jefferson's party became the most 
numerous and by a closely contested election made him 
chief magistrate. During the long period in which party 
spirit prevailed with great asperity, these distinguished in- 
dividuals at the head of each ever maintained great personal 
friendship. After the close of their political labors, they 
both enjoyed a long season of dignified retirement ; Mr. 
Adam's a period of twenty-six, and Mr. Jefferson of 
eighteen years. Though feeling and ever manifesting a 
deep interest in the welfare of their country, they took no 
active part in the political contests of the day. Resident, 
six hundred miles apart, they cultivated that intimacy which 
commenced in their early days by an interesting corres- 
pondence, evincing the happiness and tranquillity of mind, 
which a consciousness of a well spent life gives to its closing- 
scenes. 

The nation mourned their loss. By an order of the 
president, through the war and navy departments, ap- 
propriate funeral honors were rendered at all the military 
and naval stations, and the officers directed to wear badges 
of mourning for six months. In the principal cities and 
towns throughout the union, days were set apart for the 
same purpose, and funeral processions and eulogiums mani- 
fested a universal sentiment of national sorrow. 

Effects of the revolution. On this point the people 
rested, and in some degree divesting themselves of local 
and party prejudices, took a view of the great moral and po- 
litical consequences resulting from the revolution, in which 
these distinguished characters were among the most con- 
spicuous agents. They have by no means been limited to 
the United States. The emancipation of the American 
continent from European colonization, now nearly accom-^ 
plished, is to be attributed to this source. The bold and 
free discussions on the rights of man, flowing from the pens 
of these statesmen and their associates, have opened the 
eyes of politicians in other countries, have made impres- 
sions on the public mind never to be effaced, and have been 
felt and feared by every crowned head in Europe. During 
this half century, while most of the governments bottomed 
on what was supposed to be an immoveable basis, a heredi- 
ditary nobility and monarchy, have been shaken to their 
foundations, exhibiting an almost constant succession, of 
wars and revolutions, the American republic, since tliQ 



346 HISTORICAL SKETCHES CH. XX, 

close of the contest which gave it birth, has enjoyed almost 
uninterrupted tranquillity. Two short domestic insurrec- 
tions, which terminated without bloodshed, and a success- 
ful war of two years, in support of maritime rights, are the 
only exceptions. 

Freedom of "political discussion. One important prin- 
ciple, radically different from the European system, which 
has been carried into full effect in the United States, is, 
that perfect freedom of political discussion is not only con- 
sistent with, but highly promotive of, the stability of govern- 
ment. The leading maxims in monarchies are, that the 
king has a property in his subjects and their estates ; hence 
the expressions so common in the royal dialect, my people, 
my parliament, my kingdom ; and that all the rights and 
privileges the subject enjoys, are derived from the free gift 
of the crown. These doctrines are so utterly without 
foundation, that a discussion of them cannot be admitted 
without hazarding the existence of the governments of 
which they form the basis. Hence sedition laws, prosecu- 
tions for libels, and restrictions on the press, are ever found 
as the concomitants of the monarchal system. On the 
other hand, the republican principle taught by Adams and 
Jefferson, that rulers under whatever denomination they are 
designated, are the servants of the people, deriving certain 
definite powers from them, and to be exercised for their 
good, invites popular discussion : and the public agent who 
would endeavor to conceal his acts from the view and ani- 
madversion of the people, must calculate upon a short dura- 
tion of his power. At a period of high party excitement, 
one attempt has been made to stifle inquiry into the pro- 
ceedings of government, by a sedition law. This was in- 
dignantly frowned upon and put down by the voice of th6 
whole people. It was one of the principal causes which 
produced the great political change in 1801. So jealous 
were the American people of this privilege of political dis- 
cussion, that, immediately on the acceptance of the consti- 
tution, they provided an amendment, prohibiting congress 
from making any law " abridging the freedom of speech, or 
of the press, or the right of the people peaceably to assem- 
ble, and to petition the government for a redress of grie- 
vances." To protect the citizens from constructive and 
political treason, the instrument itself provided that that 
crime should consist only *' in levying war against the United 
States, or in adheriDg to their enemies." Publications, 
which in other countries would have brought upon theii 



1826. OF THE UNITED STATES. 347 

authors heavy fines, imprisonment, or exile, are constantly 
issuing from the American press, and are attended with no 
other consequences than the salutary one of inducing the 
?yovernment carefully to review its measures, and correct 
those which are found to be wrong. 

Of religious opinion. Another new, and no less im- 
portant principle has been settled by the experience of this 
half century in the American republic, to wit, that a great na- 
tion may be well governed, successful, and happy, without, 
the aid of a religion supported by or connected with the 
government. A union of church and state, an expression 
often used, and almost as often misunderstood, the only le- 
gitimate application of which is to the ease where the go- 
vernment ordains creeds, and forms of worship for its sub- 
jects, which it compels them to attend and support, has ne- 
ver existed in the American republic. The liberation of the 
human mind from the shackles imposed on it by rulers 
claiming to control the religious opinions of their subjects, 
is an effect of the American revolution, second in impor- 
tance, only to her political emancipation. 

That man is a religious creature, disposed to pay homage 
in some form to an invisible being, who, he supposes, has 
an agency in human affairs, is a position, which all history 
and experience unite to establish. The solitary individuals 
who have at times been found to deny the existence of 
such a being, form but few exceptions. The principle may 
be said to be universal, as well among the most ignorant and 
barbarous, as among the most refined nations. Bottom- 
ing themselves on this ground, almost all governments have 
had religious establishments connected with their civil insti- 
tutions. At the commencement of the American revolu- 
tion, the principle was universal in Europe. Every Chris- 
tian nation had its hierarchy, or religious establishment, the 
leading features of which were, that a tenth part of the pro- 
ductions of the earth, and of human labor, belonged of di* 
vine right to the church ; that the monarch in protestant^ 
and the pope in Roman catholic countries, was the head 
of the church, having power to dispose of its revenues ; and 
to form creeds and modes of worship, and compel a confor- 
mity thereto, by pains and penalties extending even to 
death. The people of one government were subject to the 
severest penalties in this life, and doomed to everlasting 
punishment in the next, for opinions and conduct which in a 
neighboring state were deemed essential to salvation, and 
enjoined by the highest authority. None were permitted to 



348 HISTORICAL SKETCHES CH» XX- 

call in question the infallibility of the national cliurch. The 
colonists, emigrating from countries where these principles 
were universal, though in many instances fleeing from the 
persecutions which they produced, were unable entirely to 
divest themselves of these deep-rooted prejudices. It 
seemed to have escaped their notice, that if persecution 
was wrong in one sect, when it had become dominant, it was 
equally so in all others, and that it was their duty to accord 
to their neighbors the same freedom of religious opinion, 
which they claimed for themselves. The first statutes of 
the colonial legislatures gave preferences to particular de- 
nominations. A liberal mode of thinking, however, diffused 
itself among a people collected from different quarters, 
and produced a great number of sects, but no one sufficiently 
numerous to contend with the united influence of all others 
in obtaining political preferences. In the conventions 
called to form the state constitutions, every variety of sect 
was found. It was in vain, that any dominant party endea- 
voured to obtain peculiar privileges for its own order, the 
invariable effect of such an attempt was, to bring upon it- 
self the united opposition of all others. This induced a 
recurrence to first principles, which, however plain and self- 
evident in themselves, had never been adopted in practice 
in any nation ; that all mankind have a natural, equal, and 
unalienable right to their religious opinions and modes of 
worship, and that no human tribunal has either the power 
or right to control them. Acting upon these principles, 
the framers of the state constitutions introduced into those 
instruments declarations, stating that " the exercise and en- 
joyment of religious profession and worship, shall for ever 
be free to all persons, and it being the duty of all men to 
worship the Supreme Being, and their right to render that 
worship in the mode most consistent with the dictates of 
their consciences, no person shall by law be compelled to 
join or support any religious associations." So jealous, 
indeed, were some of the states of ecclesiastical power, that 
they provided in their constitutions, that no priest or reli- 
gious teacher should be eligible to civil office, thereby dis- 
franchising a respectable portion of their fellow-citizens. 
Municipal regulations not being within the scope of the 
general government, it had nothing to do with religious 
establishments. The federal compact, in accordance with 
the principles of the state constitutions, merely provides, 
that no religious test shall be required as a qualification for 
office. Jealous, hpvvGver, that, at some future period, a do- 



1826. OF THE UNITED STATES. 349 

minant sect might be disposed to infringe tliis sacred rights 
the people provided in the first article of the amendments 
made immediately after its adoption, that congress should 
make no law respecting an establishment of religion, or 
prohibiting the free exercise thereof. Forty years experi- 
ence in this nation, has proved not only the practicability, 
hut the excellence of this system, and the v/isdom of those 
8ages of the revolution by whom it was perfected. 

American system compared with the European respect- 
ing religion. In its actual results, as well as in its theory, 
it is beyond comparison superior to the European. There 
the tenths, wrested from the hand of industry by a dominant 
hierarchy, are principally appropriated to support the high 
dignitaries of the church, who enjoy great revenues, and 
perform little service. A small portion of it only is applied 
to the support of the actual religious instructors of the 
people The former are too proud and indolent, and the 
latter too poor to devote the requisite time to this object, 
(Vot dependent on the people for support, the parish priests 
feel little interest in their welfare ; and the services re- 
quired of them are performed, with many honorable excep- 
tions indeed, in a careless manner, and with little effect. 
Obsequiousness to their ecclesiastical superior, that he may 
continue them in their present, or transfer them to a better 
living, is the governing principle : and implicit obedience 
to the doctrines of the church, as inculcated by them, is the 
all-important duty enjoined upon the people. The whole 
nation are compelled to support the established worship, 
however abhorrent it may be to their feelings ; and dissent- 
ers esteem it a great acquisition, if they can be allowed to 
attend their own worship without molestation. 

In the America.! system, religious teachers, being de- 
pendent on the voluntary contracts or contributions of their 
hearers for support, have every inducement to a faithful and 
intelligent performance of their duty. As a body, in the 
United States they will bear a favorable comparison with 
those of any other nation. And the Christian system itself, 
so far from languishing for the want of governmental sup- 
port, flourishes best when resting on its o\A^n innate excel- 
lency. Errors and false notions on the subject are much 
more effectually overcome by free discussion and fair argu- 
ment, than by the pains, penalties, and instruments of tor- 
ture, with which orthodoxy is hedged about in European 
hierarchies. 

30 



350 HISTORICAL SKETCHES CH. XXr 

This liberal system has produced learned and elaborate 
discussions on every subject, connected with the present and 
future state of man, and manifested the great ingenuity of 
the human intellect in drawing an almost infinite variety of 
inferences and deductions from the same source. It has had a 
happy tendency to elucidate and establish truth ; and even the 
publication of the most erroneous doctrines have contributed 
to the same end, by the able answers which they have drawn 
forth. Disputants, indeed, often grow angry, and manifest 
much of a persecuting spirit, in their discussions ; and show 
what might be to be feared, had they the power of enforcing 
their doctrines by the civil arm. Public opinion, however, 
disapproves of these excesses ; and they seldom fail to in- 
jure the cause which they are intended to support. The 
almost infinite variety of opinion produced by this freedom 
of discussion shows the utter futility of any attempt to en- 
force a uniformity. An American, accustomed to examine 
for himself, can scarcely believe that there ever should have 
been an attempt to regulate and enforce creeds by law, and 
inflict pains and penalties upon those who could not conform 
their opinions to a standard framed by weak and fallible 
man. Such an undertaking would now be viewed as vi- 
sionaiy as to attempt to introduce a uniformity of stature, 
complexion, or feature in the human system. 

Owenists. One of the most singular sects to which this 
perfect freedom of opinion has given rise, is the Owenists, 
deriving their appellation from their founder, Robert Owen. 
Their distinguishing tenets were, that human nature was 
susceptible of such a degree of perfection as to do avv^ay the 
necessity of legal restraint; that the productions of the 
earth, and the fruits of human labor, being designed for the 
common benefit of all mankind, ought to be held in common 
by all, or where that was impracticable, by reason of the 
deep-rooted prejudices already existing, that each indivi- 
dual, on arriving at the age of maturity, should have an equal 
share of property imparted to him, and that all before that 
period should have the same education ; that all the various 
systems of religion were so many absurdities, invented to 
enslave the human mind; that the institution of marriage, 
and the restraints consequent thereon, was a tyrannical im- 
position, and ought to be abolished ; that there should be a 
perfectly free intercourse between the sexes, all children 
being the property of, and to be provided for by, the commu- 
nity. In such a state, human nature having attained perfec- 
tion, no one would do wrong, or arrogate to himself' more 



1826, OF THE UNITED STATES. 351 

ef the common stock than belonged to him. By the novelty of 
these doctrines, and their accordance with some of the human 
passions, the leader drew after him a considerable number of 
adherents. To put this system to the test, they purchased 
a tract of land m the state of Indiana, on which they founded 
a society denominated New Harmony. One. of their first 
operations was to establish a newspaper advocating the 
principles of their sect. The novelty of the scheme, and 
the prospect of bettering their condition with those who had 
but little to put into the common stock, brought together 
from diiferent quarters into this community a singular peo- 
ple. For a short time its prospects were flattering. But it was 
soon found, that that perfectibility which was to be its basis, 
was not attainable, or at least that -t did not exist in that 
community. The society soon declined, and was in effect 
dissolved. A female fanatic, embracing most of Owen's ab- 
surdities, afterwards went through the country lecturing 
upon his system, but not being noticed or persecuted ac- 
cording to her wishes, the system and its advocates are de- 
scending to oblivion, evincing how little is to be feared from 
attempts to propagate error in a free and enlightened com- 
munity. 

In a political view, this unlimited freedom of religious 
belief and discussion has the happiest effect. It creates in 
the heart of every citizen who values the privilege, an at- 
tachment to the government by which it is secured. The 
connection between civil and religious liberty is of that in- 
timate kind, that neither can long exist without the other. 
This principle draws to the United States the persecuted of 
other countries, affording them an asylum from the oppres- 
sive edicts by which uniformity of religious conduct is at- 
tempted to be enforced by pains and penalties. 

Povjers of the general and state govermnents. The 
great principle, on which Adams, and Jefferson, and the 
other patriots of their day, founded this republic, to wit, that 
there may exist over the same people two distinct govern- 
ments, independent of each other in their several functions, 
deriving their authority from the same source, with powers 
delegated to each, so definitely marked as to prevent fatal 
collisions, has been established by an experience of forty 
years. As was to be expected, in such a system, spread 
over a vast extent of territory, and embracing a population 
of different and conflicting interests, difficult questions on 
this subject have arisen. The administrators of the differ- 
c'nt governments, anxious at least to preserve all their legi- 



352 HISTORICAL sketches cir. xx. 

timate powers, and to extend, rather than abridge them, 
have been led to put different constructions on the federal 
compact. On the question, in what manner, and by what 
tribunal, these conflicting claims of power were to be ulti- 
mately decided, Adams and Jefferson took different sides, 
the former contending that the power of ultimate decision 
was in the general government, to be exercised, in the last 
resort, by its supreme court ; the latter, that it remained in 
the state governments, lo be called into operation, indeed, 
only on extraordinary occasions — *' in case of a deliberate, 
palpable, and dangerous breach of the constitution, by the 
exercise of powers not granted to thi general government, 
when it would be the duty of the states to arrest the pro- 
gress of the evil of usurpation, by maintaining the authori- 
ties, rights, and liberties, appertaining to them." 

Power conferred for any purpose, and to any extent, is 
liable to be abused ; the obvious, appropriate, and, in most 
cases, the only remedy, is the dismissal of the agents, and 
the appointment of others, more worthy of confidence. Not 
content, however, with this remedy, the states have, at 
different times, in their legislative capacities, sat in.judg- 
ment upon the laws of the United States, and declared theni 
to be unconstitutional. One of the first cases in which this 
state power was called into operation, was the lien and se- 
dition laws of 1798 ; on which occasion the legislature of 
Virginia passed resolutions, drafted by Mr. Madison, main- 
taining the right of the state legislatures, in cases of mani- 
fest and dangerous violations of the constitution, to declare 
acts of congress void, and denouncing the alien and sedition 
laws, as of that description. Another and more alarming 
instance of these collisions, was the militia question of 1812, 
where several of the state governments claimed that they 
had a right to judge, when the emergency had taken place, 
which gave the general government the right of ordering 
out then- militia. ° The decided manner in which the peoph 
of the union put down the pretensions of the state authori- 
ties upon this subject, it v/as hoped, would prevent future 
controversies of the like nature. But such has not been the 
effect. The power of congress to appropriate money to^ 
internal improvements, and to lay duties for the purpose of 
protecting domestic industry, have been denied, and laws 
made for these purposes, have been declared, by the highest 
state authorities, to be unconstitutional ; and the people, so 
far as these powers could do it, have been absolved fron^, 
their obligations to yield obedience to thcin. 



1S26. OF THE UNITED STATES. '353 

The conflicting claims of the general and several of the 
•state governments, in relation to the Indians of the south- 
west, have led to a declaration, on the part of one of the states, 
that they would maintain what they claimed to be their 
rights, with all their force. In every controversy of this 
nature, one or the other party must yield their pretensions, 
or a civil war must ensue. The general government can- 
not recede from their claims, unless, upon a re-examina- 
tion, they should appear not to be well founded, without 
ceasing to be what the constitution has made them, the su- 
preme power of the nation. The principle, that their acts 
are to undergo a revision by twenty-four independent com- 
munities, and such of them as do not meet the approbation 
of all, to be declared void, and resisted by some of the 
states, cannot be admitted, without annihilating the govern- 
ment. The only legitimate remedies for acts of congress, 
deemed to be injurious, or unconstitutional, by any of the 
states, are, either to procure them to be repealed by a 
change of men, or an appeal to the supreme court, who 
alone possess the power of deciding on the constitutionality 
of all laws, in the last resort. State rights, in opposition 
to the claims of the general government, is a popular sub- 
ject, often resorted to for the purpose of obtaining office ; 
but there is no fear that the successful aspirant wSl fail to 
exercise all its powers. After all the experience which has 
been had upon this subject, there is little reason to appre- 
hend that the general government will yield any of its es- 
sential powers, though state combinations may sometimes 
force it into injudicious or unwholesome measures. 

Amelioration of criminal law. Another important par- 
ticular in which the American nation, if not alone, is cer- 
tainly far in advance of European governments, is the amelio- 
ration of the system of criminal law. The sanguinary codes, 
and barbarous and inhuman punishments have been gradu- 
ally, though but slowly, softening down in Europe. How- 
ard, the great English philanthropist, has done much to bet- 
ter the condition of the unfortunate tenants of jails, whe- 
ther for debt or crime. But in the United States, alone, 
since the revolution, has there been a radical change in the 
principles of law relating to the prevention a.nd punishment 
of crimes. Legislators have been gradually restricting ca- 
pital punishment to the crime of murder, and a tew others, 
of the deepest dye ; and where it has been retained, it has 
been inflicted by the simple act of taking life, with the least 
suffering. So far, indeed, have the principles of humanity 
30* 



354 IIISTORICAL SKETCHES CH. XX- 

progressed, that many have been induced to believe, that 
the punishment of death ought, and might, with safety to 
the community, be wholly discontinued. The practice of 
making executions public, with a view to be a terror to of- 
fenders, has been found to have a tendency to produce, ra- 
ther than prevent crime, and is giving way to a private 
manner of execution. Public feeling towards criminals, is 
of a compassionate, rather than a revengeful character. 
The idea that human tribunals are to be the avengers of 
crime, and to inflict punishment as an atonement for the of- 
fense, has passed away with the dark ages in which it ori- 
ginated ; and the only legitimate object of criminal law, is 
considered to be the prevention of crime, leaving the atone- 
ment to a higher tribunal. On these principles, the inflic- 
tion of pain on the human body, and stamping on it indeli- 
ble marks of infamy, by stripes and branding, so common in 
other countries, and in this at former periods, has been 
done away, as also exposing the criminal to public gaze, in 
the pillory. Ignominious punishments, of this description, 
have been found to have the effect of cutting off all hopes of 
reformation in the offender, and to have no operation as a 
terror to others. The milder course of imprisonment has 
been substituted for punishments which mangle and deform 
the human body. 

Penitentiaries. Prisons have assumed the more appro- 
priate name of penitentiaries, and are designed, by a course 
of rigid and wholesome discipline, to reform the offender. 
In effecting this change, it became necessary to make va- 
rious experiments, that of entire solitary confinement, each 
prisoner to a separate cell, without any communication with 
his keeper, or being allowed to see the hand that fed him, 
was early resorted to ; but was found too severe. A total 
seclusion from all society, in a state of perfect indolence, is 
found to be the most severe of human punishments. Both 
the body and mind in a state of inactivity, lose their ener- 
gies, and the culprit, if continued for any great length of time 
in this situation, becomes an idiot, or a )>oor broken down ob- 
ject of compassion. The course more recently adopted, 
and which promises the best results, is entire solitary con- 
finement during the night, and hard labor with wholesome 
fare during the day, and such vigilant watching as to prevent 
any communication among the prisoners, accompanied with 
moral and religious instruction. A correctional system, bot- 
tomed upon these principles, has been in successful opera- 
tion for some time. After the first cost of the establishment. 



1826. OF THE UNITED STATES. S55 

the income resulting from the labor of the prisoners has, in 
several instances, yielded a small revenue to the state, be- 
vond the expenses, while its wholesome discipline has ef- 
fected a reformation in considerable numbers of the offend- 
ers. In several of the large cities, houses of refuge have 
been established, principally by private charity, where va- 
grant children and juvenile offenders, of the smaller class, 
have been sent to be instructed in the rudiments of learning, 
in some useful employment, and in moral and religious prin- 
ciples. 

Imprisonment for debt. The laws relating to imprison- 
ment for debt, have been in a state of progressive improve- 
ment, in nearly an equal degree with those regarding crime. 
The revolution found a principle, derived from the parent 
state, deeply rooted in the systems of colonial jurisprudence, 
to wit, that the creditor had a right to the body of his debtor 
as a pledge for the security of his debt, and to imprison it at 
pleasure, until satisfaction was obtained. In some instances, 
the laws provided for the assignment of the debtor in service, 
for the payment of the debt ; this, where the debt was of 
considerable magnitude, authorized perpetual slavery. This 
principle, undergoing that freedom of examination, intro- 
duced on all subjects, by the revolution, was found to be ra- 
dically wrong. In practice, the body of the debtor was of- 
ten taken and incarcerated for long periods, to the ruin of 
himself and family, when it was evident that no other object 
could be obtained, than the gratification of one of the worst 
of human passions . The only legitimate object of imprison- 
ment for debt is, to compel the fraudulent debtor to disclose, 
and apply to the payment of his debts, funds m his posses- 
sion, which the process of law could not otherwise reach. 
Where this object can be obtained by other means, the im- 
prisonment of the person is manifestly wrong. In this view, 
the object of state legislation has been to extend the remedy 
against the property, and restrain it as to the person of the 
debtor. In some of the states, imprisonment for debt, ex- 
cept in case of fraudulent concealment, or conveyance of 
property, has been entirely abolished. In others, provision 
is made for the release of the body of the debtor, on his 
making a fair assignment of ail his property for the use of 
his creditors ; so that in effect, imprisonment for debt, un- 
contaminated with fraud, may be considered as at an end in 
the United States. 

Lands. The laws likewise relating to landed property, 
have undergone material improvements. The first settlers 



350 HISTORICAL SKETCHES CH. XX. 

of the North American colonies came from countries where 
the whole domain of the kiiigdom was supposed to bg vested 
in the king, and of his free grace parceled out to his sub- 
jects on certain conditions. All real estate was considered 
as held of him, as the superior lord of the fee. A powerful 
hereditary nobility, deriving wealth and influence from the 
possession of great landed estates, was supposed to be a ne- 
cessary appendage of monarchy. Laws having in view the 
preservation of these estates, in single persons, regulated 
the transfer and descent of real property. The colonial 
laws partook of the same character. The revolution dis- 
solved this charm, giving to the proprietor an absolute domi- 
nion over his estate, with power to dispose of it at pleasure. 
The laws of the several states, relating to the transfer and 
descent of real property, have been gradually conforming 
themselves to the liberal principles introduced by the revo- 
lution, seeking a division of land into small portions, ra- 
ther than an accumulation of great estates in the hands of 
individuals. 

Civil Process. In the administration of justice also, im- 
portant improvements have been making, and are in pro- 
gression. ' The processes by which parties and their cases 
are brought before courts, have been disencumbered from 
many of the tedious and expensive forms of British jurispru- 
dence. English precedents are referred to so far only as 
they are founded in reason, and applicable in their princi- 
ples to this country. A system of American common law, 
resulting from the decisions of the supreme court of the 
United States, and the highest stale courts, has, for a long 
period, been gradually maturing, which will, in a great mea- 
sure, supersede the necessity of resorting to English autho- 
rities. In every important case, the judges give elaborate 
opinions, which are reported at length, explanatory of the 
principles of their decisions, as precedents, obligatory upon 
the same courts in future cases, and on inferior courts with- 
in the same jurisdiction ; and though not of absolutely bind- 
ing authority, are yet of great weight in all other American 
tribunals. 

Internal improvements. The important subject of faci- 
litating the intercourse between the distant parts of the 
United States by improved roads and canals, early attracted 
the attention of the government and its citizens. The heavy 
debt of the revolutionary war, and the want of capital, for 
a considerable period, prevented extensive operations. The 
subject, however, was never forgotten, or suffered long to 



182G. OF THE UNITED STATES. 357 

rest. Well constructed turnpike roads, connecting large 
towns, or leading from tlie interior to the markets on-the 
seaboard, were early established by the enterprise of private 
companies. The great navigable rivers by which the coun- 
try was penetrated, the lofty mountains dividing the east 
from the west, and the great inland seas, extending a thou- 
sand miles on the northwestern border, indicated as well 
the objects to which the national efforts should be directed, 
as the obstacles which must be overcome. 

Erie canal. The project of uniting the waters of the 
lakes on its northwestern border with the Atlantic, early 
attracted the attention of scientific and enlightened men, in 
the state of 'New York. In 1810, the legislature appointed 
a board of commissioners, consisting of nine of their distin- 
guislied citizens to investigate the subject. They reported 
that the object was of immense utility to the state and nation, 
and that the scheme was practicable at an expense probably 
not exceeding four millions. Two plans were contemplated, 
one to extend the canal no further than the east end of lake 
Ontario, and connect the navigation of that lake with Erie, 
by canaliing around the Niagara falls. The other, to^ ex- 
tend the canal in as direct a line as was practicable, from 
tlie Hudson, near Albany, to lake Erie. The commissioners, 
for reasons universally satisfactory, gave a decided prefer- 
ence to the latter. They reported that the object was too 
important, and the expense too great for individuals or pri- 
vate corporations, and that in thiir opinion, it oug:ht to bo 
done at a national or state expense. On their report, the 
iegislaturcdirected application to be made for assistance to 
congress, and several of the state legislatures who were sup- 
posed to be most ceeply interested in effecting the objects. 
These applications were unsuccessful. The war of 1812, 
suspended all further proceedings. At the same time the 
incidents of that war produced a thorough conviction, that 
as a means of defense, it was one of the most important ope- 
rations which could be presented to the government. The 
principal scene of action being on the Niagara frontier, the 
army, with all that appertained to it, had to be transported 
upwards of three hundred miles, over bad roads, at an ex- 
pense sufficient to have made the canal. In a commercial 
view, opening as it does, to the Atlantic trade, the whole 
northwestern country, its importance is incalculable ; and 
as a bond of union between the east and the west, it is looked 
to as one of the great foundations on which rests the st8.« 
bilitv of the nation. 



358 HISTORICAL SKETCHES CII. XX. 

Soon after the peace of 1815, the state of New York, 
having failed to obtain aid either from the general or any of 
the state governments, resumed the business with great 
energy, relying altogether on her own resources ; connecting 
at the same time with this greater object, the plan of a ca- 
nal from lake Champlam to the Hudson. The same com- 
missioners were appointed for both purposes. The under- 
taking, in its incipient stages, met with great opposition. 
It was considered by many as visionary, or at least prema- 
ture, and far beyond any resources that the state could 
command. The late Governor Clinton, having been ap- 
pointed one of the commissioners from the first, engaged 
in the business with great confidence and alacrity. His 
resolution and perseverance seemed to increase as difficul- 
ties occurred, and finally enabled him to surmount them all. 
He staked his whole popularity and weight of character on 
the successful issue of ihe undertaking. Since its accom- 
plishment, others have claimed the credit of originating the 
plan. However it may have been thought of and incidentally 
talked of by others, public opinion bus avvardt-d to Do Witt 
Clinton the merit cf maturing the plan, and devising and ap- 
plying the means of its accomplishment. 

The financial part of the plan was, to borrow money on 
the credit of the state as it was wanted, pledging certain 
revenues which the state could command, together with the 
tolls which might accrue, for the payment of the interest, 
and reimbursement of the principal. The chief taxes ap- 
propriated to this object, were upon sales at auction, and on 
salt, manufactured at the Salina springs, in the western 
section of the state. These springs remain the property of 
the state, and are inexhaustible. The line of canal passes 
near them, and a short side cut affords water carriage direct 
from the manufactories. The canal benefits them more 
than any other one object. By means of it, the manufac- 
ture is greatly extended, and the article is furnished to the 
consumer with the canal duty of twelve and a half cents a 
bushel, at any considerable distance from the springs, much 
cheaper than they had been accustomed to receive it without 
the duty, and without the aid of water transportation. An- 
other object proposed was a tax upon the lands in the neigh- 
borhood of the canaj, bottomed upon the special benefits they 
would derive from it, and graduated according to distance, 
and other circumstances. This, though a very legitimate 
and proper source of revenue for the purpose, was found in 
its details to be of so difficult adjustment, that it was aban- 
doned. 



1826. OF THE UNITED STATES. 359 

Principle of canalling. It being ascertained that there 
is a sufficiency of water to feed a canal at the highest point, 
called the summit level, to which it is necessary to carry it, 
all impossibilities are removed. The highest mountains, 
and deepest valleys can be passed by locking, and the ques- 
tion resolves itself into a matter of expediency, depending 
upon a comparison of the estimated expenses with the ad- 
vantages. On a survey of the country between the Hud- 
son and lake Erie, executed v/ith great accuracy, it was 
ascertained that the waters of the lake were 565 feet higher 
than those of the river at Albany, that a feasible rout 
could be obtained, and that a sufficiency of water might be 
had at the summit level. 

Commencement and completion of the canal. All the 
preparatory steps having been taken, the ground was bro- 
ken on the 4th of July, A. D. 1817. And the first boat 
from lake Erie arrived at New York on the 4th day of Oc- 
tober, A. D. 1825. The whole length is 360 miles. The 
operations of the ^'Jhamplain canal, running near the mar- 
gin of the Hudson, and lake George, from Waterford to 
Whitehall, went on at the same time, and under the same 
commissioners. The expenses of both, constituting the 
canal debt, amounted to nine millions, one hundred and 
twenty-three thousand dollars. 

Their utility, the amount of business done on them, and 
their income, exceeded the most sanguine expectations. 
The canal fund will speedily extinguish the debt, when tlie 
tolls will be applicable to any purposes which the legisla- 
ture may direct. One important benefit resulting from the 
successful issue of this enterprise, has been to excite public 
attention to canalling, and internal improvements generally. 
It has produced a laudable ambition in other states, and 
shown them what obstacles may be overcome, by persever- 
ing and powerful efforts. 

Rail roads. Three communications between the Atlantic 
and the valley of the Mississippi, have since been 'under- 
taken ; one by the state of Pennsylvania, from Philadelphia 
to Pittsburg ; the second, a rail road from Baltimore to the 
Ohio river. This species of internal improyement is 
founded upon the principle, that on a horizontal level, no- 
thing impedes motion, but the friction occasioned by the 
contact between the moving body, and the surface on which 
it moves. The art of making rail ways is found to consist 
in forming this level, or bringing inequalities to it, as near 
as may be, and reducing the friction to its lowest point. 



3G0 HISTORICAL SKETCHES CH. XX - 

For the latter object, channels are formed of polished 
iron, and carriages constructed with wheels shod of the 
same material, and fittei to the channels. A small pro- 
pelling force moves carriages thus constructed, although 
heavily laden, with great velocity. For short distances, 
and where the country is not hilly, this has been found in 
Great Britain, to be an economical mode of communica- 
tion. Nothing bearing any comparison, or scarcely an 
analogy to the Baltimore and Ohio rail road, running a dis- 
tance of upwards of three hundred miles, and over a higli 
ridge of mountains, has ever before been attempted ; and it 
yet remains for the enterprise and skill of the citizens engaged 
in this undertaking, to test its practicability. The third, a 
canal from the Potomac, at Georgetown, to the Ohio river. 
Individual enterprise in the last two mentioned under- 
takings, has been liberally seconded by the general govern- 
ment. The rail road and canal come in contact, near the 
foot of the Allegany, and though the companies are dis- 
tinct and in some respects hostile to each other, it is desi- 
rable that their efforts should be united in obtaining the best 
passage, and but one for both objects, across the moun- 
tains. 

Ohio canal. Another great enterprise, to which tlie Erie 
and Hudson canal gave birth, and which is intimately con- 
nected with it; is a canal leading from Cleaveland, on lake 
Erie, to the mouth of the Sciota, on the Ohio river. The 
ceremony of opening the ground, or removing the first 
shovel full of earth, was performed by Governor Clinton, 
called from New York for that purpose, on the 4th of July, 
A. D. 1825. The work was undertaken solely by the state 
of OhiQ, is in successful progress, aud wlien completed, will 
open an inland navigation, through a fertile country, from 
the city of New York to New Orleans, a distance of nearly 
three thousand miles. Many other enterprises of less im- 
portance, have been undertaken, and are in different stages 
of progress in various parts of the United States ; all tend- 
ing to bring together into a closer union, the different parts 
of this extended empire, and make the people one, in man- 
ners, habits, and interests. Although some of them may 
be premature, or injudicious, and may expose those con- 
cerned to heavy losses, yet much good has already resulted, 
and much more is to be expected from a persevering 
course of internal improvements. The important question 
on which scientific men have been divided, whether for 
long distances, and over a hilly country, rail roads or canal.v 



1826. OF Tlli^ UNITED STATES o ^Ql 

!?re the preferable mode of communication, is in a train to 
be decided by the only sure test, that of actual experiment. 
Steam navigation. But by far the most important event 
in the history of human improvements, in the last half 
century, and which Adams and Jefferson lived to witness. 
is the successful application of steam to the purposes of 
navigation. The principles of this agent had, for a con- 
siderable time, been tested in the large English manufactu- 
ring establishments. Its ability to -propel vessels against 
wind and tide, was never believed or scarcely thought of, until 
brought into successful operation by Robert Fulton, a citi- 
zen of New York, about the year 1810. For the purposes 
of coasting and lake navigation, its advantages are im- 
mense. Its greatest utility, however, is in overcoming the 
obstacles to the ascending navigation of riv-ers. Without 
the aid of this power, the large streams descending from 
the highlands of the interior, are to be ascended only by the 
slow and laborious operations of the oar against a rapid 
current ; by it, heavily laden boats are carried up the streams 
at a rate from six to twelve miles an hour. Its effects are 
the most striking on the condition of the people of the Mis- 
sissippi valley. The ascending navigation of that river and 
its tributaries was of so difficult a nature, as to be of little 
use. The inhabitants were accustomed to float their pro- 
duce down on frail arks, to New Orleans ; there dis- 
pose of their boats and cargoes, seek supplies on the At- 
lantic seaboard, subject to a difficult and expensive land 
transportation, over the Allegany ; the whole making a 
voyage of nearly six months. By the aid of steam, a few 
weeks are now sufficient to bring their produce to the great 
market of the west, and obtain supplies by the same chan- 
nel. Two hundred Urge boats driven by steam are now 
running on the western waters f and their numbers are 
constantly and rapidly increasing. This discovery com^ 
puting distances by the time and expense necessary to perform 
the journey, as between the cities on the seaboard, relative 
to each other, and between them and those on the margin 
of the large rivers, has reduced them more than two thirds. 
The persevering ingenuity and talents of Fulton have not 
heen sufficiently rewarded. He spent his time and a con- 
siderable fortune in accomplishing the object. He lived 
long enough to bring his great improvement into successful 



April, 1830. 

31 



362 insTORiCAL sketches CH. XX- 

operation ; but its progress and the perfection to which it 
has attained since his death has exceeded all calculation. 
He died, leaving to his family but little patrimony, except- 
ing the imperishable fame of being the founder of steam 
navigation. 

Few incidents of a general character, of sufficient im- 
portance to be recorded, occurred in the year 1826. It was 
a period of a short political calm, between the presidential 
elections of 1824 and 1828, in which the combatants reposed 
on their arms, and prepared for the approaching conflict. 

Tea case. An extensive fraud was practised on the cus- 
tom house at Philadelphia, by an importer of teas, by which 
the revenue sustained a heavy loss. The importer is al- 
lowed a credit of two years on that article on giving bonds 
with surety, to be accepted by the collector for the amount 
of duties, or he may give his own bond with a deposit of the 
teas in warehouses to be provided by him, and approved by 
the collector ; and to which both have access. The owner 
is allowed to sell and removethem at pleasure, on payment 
of the duties to the amount of what he sells. In this in- 
stance the importations and deposits were very large. Fre- 
quent and extensive sales were constantly making, for which 
permits for removal were obtained from the collector. This 
officer having confidence in the importer, did not examine 
the warehouses so often, and with so much attention as to 
detect fraudulent removals. At length it was found, that 
the stores were nearly emptied, and large quantities removed 
without the payment of duties. Three hundred and fifty 
chests of these teas were traced to New York, and seized 
by the custom house, in the hands of an honest purchaser, 
without notice of the fraud. They were libelled and con- 
demned in the district court, as forfeited to the United 
States for non-payment of duties. The judgment was re- 
versed in the circuit court, and the teas finally held by the 
purchaser. 

Morgan case. Another incident, which from its singular 
character, and the consequences resulting from it, deserves 
jiotice, took place in the western part of the state of New 
York. In September, 1826, one William Morgan, a native 
of Virginia, but then resident at Batavia, in the state of 
New York, a member of the fraternity of freemasons, 
taking some disgust at the members of the lodge to which 
he belonged, and desirous of bringing himself into notice, 
wrote a pamphlet containing an account of a number 
of ceremonies, which he stated to bo the secrets of free 



1826. OF THE UNITED STATES. 363 

masonry, and put it into the hands of a printer for pub- 
lication. The brotherhood in that region taking the 
alarm, and acting under a very mistaken notion of what they 
apprehended to be their masonic duties, determined to sup- 
press the publication, and put it out of the power of Morgan 
to reveal their secrets. With this view they seized Morgan^ 
and under the pretense of a small debt, first committed him 
to jail in Canandaigua ; soon afterwards removed him in a 
secret manner to fort Niagara, on the border of lake Onta- 
rio, and thence conveyed him across the river, expecting 
that the masons residing at Newark, on the Canada side, 
according to a previous arrangement, would take him oft' 
their hands, and so dispose of him as to prevent future dis- 
closures. The Canada masons, by this time, apprehending 
more danger to themselves if they should undertake to dis- 
pose of Morgan, than would result to their order from his 
disclosures, refused to receive him. Their refusal created 
much consternation in Morgan's abductors ; they knew not 
what CO do with him. Should they release him, he doubt- 
less would complete his disclosures, and subject them to 
heavy civil and criminal prosecutions. They finally de- 
termined on conveying him back, and lodging him in the 
magazine of the fort, then under the care of a single person 
who was himself a mason. This was done ; and here ends 
the history of Morgan's fate, as far as is known. He has 
not since been heard of. The most probable supposition is, 
that some ruffians, soon afterwards, drowned him in the 
river.* 

A pamphlet soon afterwards appeared, said to be the one 
which Morgan had written, and obtained a circulation which its 
merits did not deserve, and which but for the peculiar circum- 
stances of the case it would never have had. The govern- 
ment of the state of New York, at whose head was a distin- 
guished mason, exerted themselves with a highly commend- 
able zeal in tracing out the authors of this outrage. It was 
found to have been planned and executed, so far as related to the 
abduction of Morgan, and the attempted suppression of his 
pamphlet, by a combmation of masons in that region. As 
no such case had ever before occurred, or been thought of, 
there was no statute of the state, defining the crime, or 
meting out its punishment. It fell, however, under the un- 
defined head of high crimes and misdemeanors ; by virtue of 



Report of John C. Spencer to Governor Throop, January 26, 1830. 



36^ HISTORICAL SKETCHES CH. XX. 

which several persons, otherwise of respectable character; 
were convicted, and sentenced to fines and imprisonment for 
different perio(3s. 

The matter would have rested here, but for that unquiet 
and ambitious spirit, often the concomitant of a free go- 
vernment, and ever disposed to seize favorable opportuni- 
ties to accomplish its own objects. Public excitement on 
this occasion rose to the highest pitch. The flame was 
fanned by numerous anti-masonic associations. The stigma 
of the Morgan affair was endeavored to be fixed upon the 
whole fraternity. The papers for a considerable period 
were filled with renunciations of masonry, ascompanied in 
some instances with disclosures said to be the secrets of the 
craft. Such a violation of obligations which persons had 
voluntarily taken upon themselves was not attended with 
the expected applause. The real object was apparent : and 
the public were not satisfied that any correct sense of duty 
required a person to become a traitor to a society to which 
he had of his own free will joined himself During the 
height of the excitement, anti-masonry in various parts of 
the country became a great political engine in scrambles 
for office. 

The points endeavored to be established against the in- 
stitution were, 

That the obligations which masons took upon themselves 
were inconsistent with the duties which they owed to 
society : 

That secret associations were dangerous to civil liberty, 
inasmuch as they afforded favorable opportunities for politi- 
cal combinations for the benefit of their own members : 

That if their principles and objects were good, there was 
no need of secrecy ; if otherwise, they ought to be sup- 
pressed. 

Masonry has at different times been the object of jealousy 
and suspicion in several nations where it has been esta- 
blished ; in some it has been proscribed and suppressed by 
the hand of arbitrary power. Its members have been driven 
from the territory, or otherwise punished with severity. 
In the United States, the only power which masons have to 
fear, is public opinion : should that be against them, their 
order will decline, and become extinct. So long as the 
laws of the land are not violated, the only punishment 
masons have to dread, is a proscription from oflice. 

Canal across the isthmus of Panama. Soon after the 
'.iteration of the South American provinces, the project o*? 



1826. OF THE UNITED STATES. 365 

a canal uniting the waters of the Atlantic and Pacific 
oceans attracted much public attention. Its importance to 
the commerce of the United States is obvious, affording 
such facilities to the East India and China trade, as would 
place it in a great measure at the command of the enter- 
prise of their citizens. The long projected occupation of 
the western coast at the mouth of the Columbia river would 
then be no longer a matter of doubt or hazard. In the year 
1825, the congress of Central America, a small republic, 
embracing the territory of the isthmus which had assumed 
that name, passed a law that a canal should be opened to con- 
nect the navigation of the two oceans, and issued an adver- 
tisement inviting the enterprising of all nations to offer 
proposals for executing the work. Among a variety that 
were offered, those made by a company of American 
citizens, principally from New York, were accepted, and 
in 1826 a contract for the purpose of effecting the object 
was entered into, the leading points of which were, 

That the republic should indemnify its citizens for 
damages to their lands ; that it should furnish every fa- 
cility for accomplishing the object, by permitting the 
cutting of timber, and procuring materials and workmen* 
and supplying all the plans, charts, and levelings which had 
already been taken, and facilitate the making of such 
others as might be necessary, and be at the expense of 
erecting and supporting such fortifications, and employ- 
ing such vessels of war, as might be necessary to pro- 
tect the navigation. The company to be at all other ex- 
penses, and to have two thirds of the tolls until reimbursed 
their capital and ten per cent, interest ; the other third 
to belong to the republic. The plan proposed was a ship 
channel from one ocean to the other, through the Nicaragua 
lake ; through which vessels were to be towed by steam- 
boats. The company to have the exclusive right of navi- 
gating the. canal, and towing vessels by steam for twenty 
years, with the right of fixing the amount of freight for 
cargoes and passengers in their boats, and the compensa- 
tion for towing vessels. The navigation to be free for the 
vessels of all friendly and neutral nations on paying the 
fixed rate of tolls. The republic reserved the right for its 
citizens to subscribe five per cent, of the capital stock.* 
The instability of the government, the revolutions to which 



Niles* Register, September SOtli, 1226. 

31* 



HISTORICAL SKETCHES CH. XX, 

they have been subject, and otlier causes, have hitherto 
prevented any progress in the undertaking. Such an ex- 
amination has been had, however, as to induce a fixed be- 
Mef that the object is practicable, and, in a more settled stato 
of society in those republics, will be accomplished. 



1827. OF THE UNITED STATES. dQ'r 



CHAPTER XXI. 

Second session of the nineteenth congress— Message— Papers relating to the 
British colonial trade — Report of the committee of commerce— Value of 
the trade to the United States— Commercial spoliations— Report of a com- 
mittee—French spohations antecedent to Sept. 30th, 1800— Report of a 
committee of the senate in favor of their being paid by the American go- 
vernment— The woolens bill— Its discussion and passage in the house — 
Postponed in the senate— Sectional divisions en the tariff question — Meet- 
ing and proceedings of the Harrisburgh convention— Columbia convention, 
and resolutions— Dr. Cooper's address— Vice president's appeal to the 
iiouse in relation to a charge against him found in a newspaper— Report 
of a committe on the subject— A challenge— Baker's case— Northwestern 
boundary. 

Second session of the nineteenth congress. The second 
session of the nineteenth congress commenced on the 4th 
of December, 1826. The message received on the 5th, 
contained a minute and flattering detail of the concerns of 
the nation, foreign and domestic, but nothing of peculiar in- 
terest. The new subjects of legislation suggested in the 
message of 1825, not having met the approbation of con- 
gress, were barely hinted at in this, and no others suggested. 
The second session being necessarily a short one, admits oi 
Uttle legislation, except the ordinary business of the go-= 
vernment. 

West India trade. Accompanying the message, were 
the papers relating to the negotiation with Great Britain 
on the subject of the colonial trade. Mr. King being 
obliged to return on account of ill health, Mr. Gallatin was 
appointed his successor, specially charged with this sub- 
ject, and authorized to give up the point on which a former 
negotiation had been suspended, viz. that the produce of 
the United States should be admitted into the West Indies 
on the same terms with that of the Canadas. On commu- 
nicating to Mr. Canning that his government were desirous 
of renewing the negotiation on more liberal terms, and 
would not insist on the contested point ; he received a reply 
from the British minister, which after an elaborate defense 
of the claim to monopolize the colonial trade, concluded 
by informing Mr. Gallatin, in a sarcastic manner, that &s 
t'he American government did not see fit to accept of the; 



368 HISTORICAL SKETCHES CH. XXI, 

boon at the time, and on the terms in which it had formerly 
been offered, the British government were not bound to 
continue the offer, or accept of any terms now ; and that 
any further negotiations would be useless. 

The importance of this commerce to the United States 
is every day diminishing. The whole white population of 
the British West Indies, amounts only to 71,350, with 
626,800 slaves, and 78,350 free people of color.* Their 
great staple, without which the trade would be of no con- 
sequence, is the product of the sugar cane. The acquisi- 
tion of Louisiana and the Floridas, and their rapid progress: 
in the cultivation of this article, aided by a protecting duty, 
will very soon furnish an adequate domestic supply. What 
is now wanting is readily obtained, and on fair terms, from 
other sources. The rapid settlement and improved agricul- 
ture of Upper Canada, aided by their great progress in in- 
land navigation, enable them principally to supply the lum- 
ber, provisions, and live stock, necessary for the West In- 
dia market ; and should any be wanted from the United 
States, it is readily obtained from other islands, with the 
inconvenience of a double freight to the consumers. Should 
the United States be able to command the whole supply of 
this market, the demand would be too small to have any per- 
manent or perceptible effect on the price of their produce. 
This government have appeared in the character of suppli- 
ants for this trade, denominated by the British government 
a boon, ever since the close of the late war, without success. 
It would seem to be long enough, and should the British be 
permitted to enjoy the monopoly, without further importu- 
nity, no serious inconvenience would result to the com- 
merce of the United States. 

Report in the house of representatives. In the house of 
representatives, the subject was referred to the committee 
on commerce, of which Mr. Tomlinson, of Connecticut, was 
chairman. His report contained a lucid view of the British 
monopolizing policy in relation to their colonial trade, the 
various propositions which had been made to place it upon 
a footing of reciprocity, and the manner in which they had 
been met. The report concluded with recommending a bill' 
closing the United States ports against British vessels, 
coming from their colonies, with the exception of the East 
Indies and Upper Canada, and prohibiting British vessels 
from transporting American productions to these colonies. 

* Baron Homboldt. 



IS2G, OF THE UNITED STATES. 369 

In the senate. In the senate, the subject was also refer- 
red to their committee on commerce, of which Mr. Johnson, 
of Louisiana, was chairman. His report contained a simi- 
lar view of the case, and concluded with recommending a 
bill prohibiting all intercourse with the colonies, either in 
British, American, or other vessels, until the trade should 
be placed on a footing of reciprocity. Both of the proposed 
bills provided that the restrictions might be taken off by pro- 
clamation of the president, whenever he had satisfactory 
evidence that the British government had placed the trade 
on such footing. Owing to a disagreement between the two 
houses in some important particulars, neither of the bills be- 
came a law. It may be proper to add, to close the history 
on this subject, that the administration of 1829, appointed 
a new minister, with instructions to renew the negotiation, 
with great confidence of success, which, after a labored dis- 
cussion of several months terminated, as all preceding ones 
had done, without effecting the object. 

Claim for deported slaves satisfied. On the other sub- 
jects with which Mr. Gallatin was charged, the British go- 
vernment manifested an accommodating disposition. He 
succeeded in obtaining a final adjustment of the claim of 
American citizens on the British government, for slaves 
carried away by their commanders, at the close of the late 
war, contrary to the first article of the treaty of peace. By 
a convention of the 13th of November, 1826, twelve hun- 
dred and four thousand nine hundred and sixty dollars was 
paid into the treasury of the United States, for the use of 
their citizens, who had been sufferers by the infraction, in 
full satisfaction of their claims. 

Claims for commercial spoliations. At the preceding 
session, a resolution passed the house of representatives, di-^ 
recting the secretary of state to prepare a schedule of claims 
of American citizens on foreign governments for commer- 
cial spoliations, and lay them before the house at this. 
In obedience thereto, the secretary presented a list, amount- 
ing to something more than fifteen millions of dollars, two 
thirds of which were on the French government, the re- 
mainder on Naples, Denmark, and the Netherlands, those 
on Great Britain having been cancelled by the war of 1812, 
and those on Spain, satisfied by the provisions of the Florida 
treaty. This report, together with several memorials on 
the same subject were referred to the committee of foreign 
relations. An unsuccessful application, pursued almost un« 
interruptedly for ten years, to those governments for redress, 



370 HISTORICAL SKETCHES CH. XXI. 

gave little hopes of obtaining satisfaction, and presented the 
question to congress ; what course does the honor and in- 
terest of the nation require them to pursue in case of ulti- 
mate failure 1 As between the United States, and the go- 
vernments inflicting the injury, no doubt reprisals would be 
justifiable, on principles of national law, and this govern- 
ment would have the right to take the property of the sub- 
jects of those powers to indemnify its citizens wherever it 
could be found. There being no common tribunal compe- 
tent to decide upon, and able to give redress for national 
injuries, after negotiation is exhausted, the right of appeal 
to the sword succeeds, and where the injury is great and ob- 
vious, a war induced thereby is strictly of a defensive cha- 
racter. The expediency, as well as the time and manner of 
enforcing this appeal, rests with the injured party. This 
nation has exhibited an example of forbearance, almost with- 
out a parallel. Three of the four aggressing powers arc 
much inferior in wealth, population, and resources, to the 
United States, and might be compelled to do justice without 
the hazard of a protracted war. The committee think that 
it would not comport with the honor of the nation, to enforce 
the claims against them, leaving those of France unre- 
dressed ; and as against her they think the time has not ar- 
rived, when it is proper to make an appeal to arms, they 
therefore recommend further negotiation, expressing a con- 
fidence in the justice of that nation, and ask to be discharged* 

As between" the government and its injured citizens, ano-. 
ther question arises, is the nation bound to seek redress by 
arms, or indemnify them from the public treasury 1 Alle- 
giance on the part of the citizen, and protection by the 
government, are reciprocal rights and duties. So long as 
the former remains with his property within the territorial, 
jurisdiction of the latter, his right is absolute ; but if he 
chooses to place himself on the ocean, or in foreign coun- 
tries, he cannot claim, as matter of right, that the govern- 
ment should follow him with their protecting shield, sub- 
jecting the lives and property of the rest of their citizens 
to the hazards of war ; besides, this course puts an end to 
all other modes of redress, and places the prospect of re- 
muneration on the uncertain issue of the contest. 

French spoliations prior to 1800. The subject of French 
spoliations, prior to the 30th of September, 1800, was 
again brought before congress on the application of a great 
number of sufferers, for remuneration from the public trea- 
sury. Mr. Holmes of Maine, from a select committee o^ 



182*/. OF THE UNITED STATES. 371 

the senate, to whom the memorials were referred, presented 
an able report, showing in point of fact, that these claims 
were expressly relinquished by the convention of that date, 
in consideration that the French government would relin- 
quish all claim to the guaranty contained in the treaty of 
alliance, by which this nation bound themselves to protect 
the French West Indies. From the nature of that guaranty, 
and the difficulties the United States would be subject to by 
fulfilling it in good faith, the committee inferred, that it was 
an advantageous bargain for the United States, even at the 
expense of paying their citizens the full amount of their 
claims. The committee could see no reason why these 
claims should be bartered away by the government, without 
making com.pensation. They considered them not as 
claims on the humanity or generosity of the nation, but on 
its justice, and of a nature which, as between individuals, 
courts ^of law would be bound to enforce. The amount of 
the claims, from 1793, to 30th of September, 1800, they es- 
timate at eight millions, and recommend that the president 
be requested to cause an abstract of these claims, with the 
documents and evidence by which they are supported, to be 
laid before the senate at the commencement of the next 
session, with a view to an ultimate liquidation and pay- 
ment. 

Woolens bill. The duty on woolens, laid by the tariff of 
1824, having failed to afford the expected protection, in con- 
sequence of being met, on the part of Great Britain, by 
an almost total repeal of their duty on the raw material, a 
bill was introduced by the committee on manufactures, for 
an increase of the duty on wool, and woolens, with a view 
to afford the encouragement originally intended. The bill 
was reported to the house, and ably supported by Mr. Mal- 
lary of Vermont, chairman of that committee. It under- 
went a protracted discussion, in which the constitutionality 
and policy of the American system, as it was called, of 
laying protecting duties, was alternately attacked and de- 
fended with great ability. The bill passed the house on the 
9th of February ; ayes 106, noes 95. The session was so 
near a close, that there was not time for its deliberate dis- 
cussion in the senate, and on the 28th of February it was 
laid on the table, by the casting vote of the vice president, 
a measure equivalent to an indefinite postponement. 

Virginia resolutions. The opponents of the woolens 
bill, derived great countenance from a series of resolutions 
introduced by Mr. Giles, and passed by large majorities of 



3?2 HISTORICAL SKETCHES CH. XXI. 

both houses of the Virginia legislature, in February, 1827- 
These resolutions relate to two subjects ; the power of con- 
gress to make internal improvements, and to impose duties 
for the purpose of protecting domestic industry. In both 
cases they utterly deny the existence of the power in ques- 
tion. The tariff law of 1824, is denounced as operating to 
transfer property from one portion of the people of the 
United States to another, and to take private property from 
the owner, for the benefit of another person not rendering 
public service. They then affix to it the opprobrious 
epithets of "unconstitutional, unwise, unjust, unequal, and 
oppressive." The senate prefaced these resolutions with a 
preamble, declaring their warm attachment to the union of 
the states, and their determination to defend the constitu- 
tion, against every aggression foreign or domestic ; this 
preamble, not comporting entirely with the spirit of the 
resolutions, was stricken out by the house, and finally aban- 
doned in the senate. 

General Taylor^s substitute. Resolutions of this cha- 
racter, though supported by powerful majorities, did not pass 
without animadversion. General Taylor proposed a substi- 
tute, declaring it inexpedient for the legislature to interfere 
in the matter. The arguments urged in support of this pro- 
position were, that the administrators of the general go- 
vernment were the agents of the people, vested with cer- 
tain powers by the constitution, and amenable to their con- 
stituents only, for the manner in which they executed them : 

That the legislative bodies of the several states are also 
agents of the people, for particular purposes, and no where 
clothed with authority to sit in judgment upon the acts of 
the general government, and pronounce them unconstitu- 
tional : 

That the exercise of this assumed powder would be of the 
most dangerous tendency, and in its practical results, end in 
revolution and civil war, or in a disgraceful abandonment 
of principle. 

Admitting this power to exist, it was said, there would be 
but few acts of the general government operating on its 
citizens, but what would be obnoxious to one or more of the 
legislative bodies of the twenty-four states of which tlie 
union is composed ; that state would of course denounce 
them. Resistance to the execution of a law necessarily 
follows the right of declaring it unconstitutional. The coir- 
sequences of such a p^rincipije could be readily foreseen*. 



^827. OF THE UNITED STATES. 378 

The only safe and proper course, it was urged with great, 
force, was peaceably to submit to the laws as they came 
from the hands of the constituted authorities, until re- 
pealed ; or declared to be unconstitutional by a competent tri- 
bunal. 

The principle now claimed, it was said, was a revival and 
an improvement of the long exploded doctrines which ap- 
peared in the east in 1814. 

Harrisburgh convention. The failure of the woolen?^ 
bill induced the Pennsylvania society for the promotion of 
2Tianufactures and the mechanic arts, an institution of con- 
siderable standing, and great respectability in Philadelphia, 
to call on the farmers, manufacturers, and friends of the 
American system, to hold meetings in their several states, 
and appoint delegates to meet in a general convention, 
which they appointed to be held at Harrisburgh, on the 30th 
of July, 1827, to deliberate on the measures proper to be 
taken to encourage domestic industry. In consequence of 
this invitation, a respectable delegation, consisting of one 
hundred members, from thirteen states, including all north 
and east of Virginia, inclusive, excepting the state of 
Maine, together with the states of Kentucky and Ohio, met 
at the time and place proposed. Delegates having been 
appointed by the state of Maine, but being unable to attend, 
addressed a respectful letter to the convention, approving 
of the objects of the meeting. This convention may be 
considered as a fair representation of the feelings and views 
of the agricultural and manufacturing interests of the na- 
tion, and as concentrating a great fund of information rela- 
tive to their present condition, future prospects, and means 
of advancement. 

Their proceedings and address. After a session of five» 
days, the convention agreed on a memorial to congress, 
praying for further protection of the national industry, by 
an increase of duties on woolen manufactures, and the raw 
material ; also on the manufactures of hemp, flax, and cot- 
ton, and on iron, steel, and distilled spirits. A committee, 
of which Mr. Niles of Baltimore was chairman, was ap- 
pointed to prepare and publish an address to the people of 
the United States, on the subjects which the convention had 
had under consideration, authorizing it to be done after their 
adjournment. The address was drawn up by Mr. Niles,^ 
with the assistance of Mr. Carey of Philadelphia, two dis- 
tinguished advocates of the American svstem, with great 
32 



374 HISTORICAL SKETCHES CH. XXI. 

ability. Tlie most important propositions which it advo< 
cated and elucidated, were : 

That it was the right and duty of the g-overnment to en- 
courage the industry of its citizens, by protecting and even 
prohibitory duties on such articles as the country was able 
to produce in sufficient quantities within itself. The uni- 
versal practice of European nations was referred to in sup- 
port of this principle. Much of the wealth and power oi 
the British empire is attributed to a rigid adherence to this 
doctrine : 

That where such capacity exists in relation to a particu- 
lar article, this encouragement will bring into operation a 
domestic competition, which in a short time will produce 
the article at a cheaper rate than before the imposition of 
the protecting duty. This, the address supposes, is verified 
by the effects of the tariff, so far as the same has been ex- 
tended, particularly in the articles of coarse cottons, nails, 
and glass : 

That this policy would not have an unfavorable operation 
upon the revenue and commerce of the country, inasmuch 
as the consumption of foreign productions is ever regulated 
by the ability of the people to purchase, which would be 
increased by the new stimulus to domestic industry. This, 
the address also supposes, is amply verified by experience, 
so far as the protecting system has already progressed. 
The address was accompanied with a variety of statistical 
evidence and documents, illustrating and confirming its po- 
sitions.* 

By a labored course of argument, it was attempted to be 
shown that the required protection would not operate inju- 
riously upon the people of the southern section of the union, 
the principal consumers of the articles required to be pro- 
tected ; but it produced no such conviction on them. The 
meeting and proceedings of the Harrisburgh convention 
was viewed with great jealousy by the south. 

Columbia convention. A counter convention was held 
about the same period, at Columbia, in South Carolina, at 
which the governor of the state presided, where the power 
of congress to impose duties for the purpose of protecting 
domestic industry was denied, and the policy reprobated in 
the most unqualified terms. 



* Address of Harrisburgh convention, September, 1827. 



1827. OF THE UNITED STATES. 375 

They claimed that the protecting system was a relict of 
a monarchal and monopolizing policy, inconsistent with the 
principles of a free government. That free trade, in its 
most extended sense, is the true American policy: 

That the consumer should always be at liberty to supply 
himself where he can do it cheapest ; and that the objects 
to which industry and capital are to be applied, should be 
left to the free choice and sagacity of individuals, which 
will always conduct it into the most beneficial channels : 

That if a business is profitable, it needs no protection ; if 
improfitable, it deserves none : 

That taxing the consumer for the benefit of the producer, 
is unequal, unjust, and oppressive. 

The Columbia convention estimate the protecting duties 
already laid, and those in contemplation, equal to a tax of 
twenty-five per cent, upon the annual income of all the in- 
habitants of the state, for the exclusive benefit of a few ma- 
nufacturing capitalists of the north. They say " that it is a 
grievance not to be patiently submitted to, and but too well 
calculated to bring on the dangerous inquiry, in what man- 
ner are the southern states benefited by the union 1" 

Dr. Cooper. Dr. Cooper, a literary character of emi- 
nence, at the head of Columbia college, was the principal 
orator on the occasion. His speech, which was received 
with great applause, and voted by acclamation to be printed, 
concludes with these remarks: "I have said, we shall ere 
long be compelled to calculate the value of our union, and 
to inquire of what use to us is this most unequal alliance, 
by which the south has always been the loser, and the north 
always the gainer 1 Is it worth our while to continue this 
union of states, where the north demand to be our masters, 
and we are required to be their tributaries ? — who, with the 
most insulting mockery, call this yoke they put upon our 
necks, the American system ! The question, howevfer, is 
fast approaching to the alternative of submission or sepa- 
ration. Most anxiously would every man who hears me^ 
wish, on fair and equal terms, to avoid it. But if the mo- 
nopolists are bent upon forcing the decision upon us, with 
themselves be the responsibility. Let us, however, apply 
to the feelings of truth, and justice, and patriotism, among 
our fellow-citizens, while there are hopes of success. I 
would fain believe it is not yet in vain. But at all events, 
we must hold fast to principle ; if we compromise our rights, 
find act from motives. of expediency, we trust to a broken 



370 HISTORICAL SKETCHES CH. XXXI. 

anchor, and all that is worth preserving will be irretrievably 
lost." 

In their memorial to the state legislature, the convention 
declare, " the national compact to be broken," and intreat 
them " to deliberate on the momentous question, and devise 
gome means of freeing them from a yoke too heavy to be 
borne." In their memorial to congress, they complain that 
the tax laws to be enacted, are in future to be, as for many 
years- past they have been, not national, but sectional, so 
that the benefit of the union, to this state, is becoming 
daily more dubious and disputable." 

The address of the Harrisburgh convention, and the pro- 
ceedings of the Columbia meeting, are the text books con- 
taining the principles on which the tariff and anti-tariff, or 
the advocates and the opposers of the American protecting 
system, bottomed their respective theories. The points at 
issue were distinctly marked. 

The tariff principle, denominated by its friends the Ame- 
rican system, because, in their opinion, it was designed and 
'Calculated to promote the wealth, industry, and independ- 
ence of the nation, was. 

That it was the duty of the government, and within its 
constitutional powers, to lay protecting and prohibitory du- 
ties on the importation of all such articles as it was withiu 
the competency of the country to produce. 

Its policy was, to begin wit'i such protecting duties on a 
particular article, as should encourage the domestic pro- 
duction, gradually increasing them as the supply increased, 
antil the foreign article was entirely excluded from the home 
consumption. 

The anti-tarift' principle, also denominated the American 
system, by its friends, because it differed entirely from the 
European, and from any that was ever adopted by any other 
nation, was, 

That congress had no power to impose duties, or levy taxes, 
for any other purpose than that of raising such an amount 
of revenue as the exigencies of the government required. 
Its advocates considered all mankind, in relation to trade, 
as composing but one community, and claimed that each 
member should be left free to seek a supply of his wants, 
where, in his opinion, it could best be found. Always 
saving the right of each government to levy such taxes as 
its exigencies required, on such articles as would diffuse the 
public burdens the most equally over the whole, and be tko 
least injurious to the community. 



i827. OF THE UNITED STATES. 37 '< 

Division on the protecting system. The questions 
arising out of these principles, were, at this time, peculiarly 
interesting". 

The national debt was so far extinguished, as that, upon 
liny question of general policy, it was not to be taken into 
the account. Such a system of defense had been matured, 
as rendered any apprehensions of a foreign war, perfectly 
chimerical. A moderate impost upon a few luxuries, with 
the other resources of the country, would afford a revenue 
adequate to all the ordinary purposes of government. One 
great obstacle to a protecting tariff, was found to be British 
influence. The commercial connection between the two 
<20untries, and its influence on the politics of this, can hardly 
be viewed in too serious a light. The importations from 
that country, consisting of articles of their manufacture, 
which would be eventually excluded by the tariff, may be 
estimated at thirty millions a year. That nation, as was to 
be expected, took a deep interest in the tariff discussions of 
this, and excited a powerful interest in the commercial cities 
of, the seaboard, against the system. As a political gull- 
trap, her statesmen became suddenly the advocates of free 
trade. Their parliamentary harangues teemed with high 
professions. Her system of prohibitions, and prohibitory 
and protecting duties, which had existed for centuries, and 
raised her manufactures to such a pitch of perfection as to 
defy all competition, appeared to be suddenly abandoned, 
under a pretense, indeed, of a liberal free trade system, but 
in truth, because it was no longer necessary ; British poli- 
ticians well knowing, that with or without duties, no fo- 
reigners would think of manufacturing cotton or woolen 
goods, for the London or Liverpool markets. 

The division on the tariff question was entirely sectional. 
The south, Virginia inclusive, were unanimously against it. 
The north, east, and west, with the exception of a few cities 
on the seaboard, in its favor. 

The same sectional division arising from the same cause, 
took place on the question of internal improvements. It 
became necessary for the friends of the tariff to find some 
national object to which the moneys arising from the conti- 
riuance and increase of duties might be applied. Interna, 
improvements furnished an object limited only by the dis- 
cretion and means of the government. This the advocates 
of the anti-tariff, or free trade system, well knew, and con- 
necting the two subjects together, gave them their united 
opposition : not all of them, however, in the same strain. 
32* 



378 HISTORICAL SKETCHES CH. XXI. 

or going the same length with Dr. Cooper's address and the 
Columbia resolutions. These, if they mean any thing, go 
directly to the point of a separation from the union, and 
contain a threat, that if the general government do not re- 
trace their steps, and repeal the laws by them deemed un- 
constitutional and oppressive, that such will be the result. 
They are not to be taken, however, it is hoped, as the deli- 
berate opinions of the governor of South Carolina, and the 
other respectable gentlemen assembled on that occasion. 
It cannot be supposed that they have counted the cost and 
weighed the consequences of such a measure. It is to be 
remembered that this meeting was held under a great excite- 
ment. On such occasions, orators and popular leaders am- 
bitious of applause, and knowing perfectly well the means 
of obtaining it, will touch the chord which vibrates in unison 
with the popular feeling. The strongest expressions, and 
boldest and most unadvised measures are best adapted to 
this purpose. 

Vice jpresident^s case. In the course of the session, a 
circumstance took place in relation to the vice president, 
which occasioned considerable sensation, and to which 
much more consequence was attached, than the subject de- 
served. Proposals had been issued under the direction of 
the secretary at war, for furnishing a quantity of stone for 
the buildiag of fortress Monroe, at Old Point Comfort. Elijah 
Mix was the lowest bidder, whose proposals were accepted 
by the chief of the engineer department, subject to the 
approbation of the secretary at war. In behalf of the per- 
son who would be entitled to the contract after Mix, and with 
a view to show that he was a worthless character, and pre- 
vent the secretary from approving the contract, a letter was 
shown him, written by Mix some time before, accusing Mr. 
Calhoun of participating in the profits of a contract made 
with the war department while he was at the head of it, 
for the supply of stone for building fortress Calhoun, called 
the Rip Rap contract. On seeing this letter, Mr. Barbour at 
once deemed it to bea base calumny upon the character of the 
vice president, and returned it to the person who had shown 
it to him ; and being satisfied that it was written by Mix, he 
considered him as utterly unworthy of the confidence of 
the department, and disapproved of the contract. The let- 
ter soon afterwards, without the knowledge of the war de- 
partment, found its way into one of the Washington papers. 
On seeing the publication, the vice president addressed a 
letter to the speaker of the house of representatives, re- 
questing an investigation of his conduct, and retired from 



1827. OF THE UNITED STATES. 370 

the chair of the senate while the subject was under the 
consideration of the house. 

Proceedings of the house. An interesting question arose 
as to what disposition it was proper to make of this matter. 
The constitution gave the house of representatives no pow- 
ers or jurisdiction in relation to the officers of government, 
excepting that of impeachment. As none believed the 
charge, or thought of moving an impeachment grounded 
upon it, no sufficient reason could be assigned for any pro- 
ceedings upon the subject ; and it was entirely aside from 
the constitutional and appropriate duties of the house gra- 
tuitously to undertake the task of purging the characters of 
public officers, from the slanders found in the newspapers, 
which no one believed afforded any ground to call into ex- 
ercise the constitutional powers of the house, as the grand 
inquest of the nation. Respect for the feelings of the vice 
president prevailed, and led to a course of proceeding not 
justifiable on any other ground. A committee of seven 
were appointed to take the subject into consideration, with 
power to send for persons and papers. Their first step was 
to address a letter by their chairman to the vice president, 
informing him of their appointment, and that they were 
ready to receive any communication he might think proper 
to make. He replied that he had nothing further to com 
municate than what was contained in his letter addressed 
to the speaker ; and that his friend Mr. M'Duffie would at- 
tend their sittings, to give any explanations that might be 
required. The committee now found themselves singularly 
situated, commissioned by the house to investigate charge^ 
which appeared no where but in a newspaper, under the 
signature of a character professedly infamous ; charges which 
nobody believed, and nobody appeared to prosecute or de- 
fend, or furnish any means of investigation. No person 
appearing before them in the character of an accuser, they 
set themselves to work to investigate the transactions to 
which the publication alluded ; and having had the subject 
under consideration from the 29th of December to the IStli 
of February, made a report, fully exonerating the vice pre^ 
sident from the charge, and the war department from any 
knowledge or concern in the publication which had given 
rise to the investigation. The committee consisted both of 
the political opposers and friends of Mr. Calhoun. The 
latter supposed that the report was not as full in commen- 
dation of the vice president as it ought to be, and presented 
one differing from it in that respect, Accompanying these 



380 HISTORICAL SKETCHES CH. XXI. 

reports, was also a protest by Mr. Calhoun's friend, who 
attended the examination, complaining that the committee, 
in their proceedings, had not confined themselves to thr 
strict rules which govern courts of law in the admission ot 
testimony. 

Duel. In this paper too, the proceedings of a committee 
of the house of representatives, in 1822, who had the Rip 
Rap contract under consideration, about which Mix's letter 
was conversant, was severely censured. Two of that com- 
mitteee being at Washington, published a reply in which 
Ihey say, that " the misrepresentations ^ not to say inten- 
tional ones, contained in the protest, demand and shall re- 
ceive correction." This expression gave offense. An ex- 
planation was demanded, and refused, and followed by a 
challenge. The defendant, according to the rules of this 
kind of warfare, having the right to choose the weapon, 
distance, and other circumstances, chose the rifle, at ninety 
feet. This arrangement in the relative condition of the 
parties, the one being feeble in body, and crippled in a for- 
mer duel, the other an expert rifleman, put the life of the 
challenger entirely into the hands of his antagonist ; a 
condition by no means to be desired. The terms were re- 
jected. The broad-sword was then offered, and refused for 
the same reason. The affair terminated without bloodshed, 
each accusing the other of a violation of the laws regulating 
this species of homicide : the challenger complaining of the 
selection of unusual weapons, and the challenged charging 
his antagonist with having the courage to call him out, but 
not of meeting him in the field. This short session was 
disgraced by another challenge which terminated in a like 
harmless manner. 

An apology may be deemed necessary for noticing these 
transactions. Since the commencement of the govern- 
ment, something like a score of duels have been projected, 
and terminated in various ways, some of them fatally, by 
members of the national legislature, and other officers in 
high stations. The scene is a sickening one; its record 
forms a dark page in the history of the country, whicli 
would gladly be left a blank, were it not that the example 
set by men in such stations, by committing the highest 
crime known to the laws, that of deliberate murder, is ot 
the most pernicious tendency. Scenes of this nature are 
recorded only to be reprobated and avoided. 

Northeastern boundary. The boundary between the 
llnitp'^ '^♦""es and the Canadas, as defined by the treaty of 



1827. OF THE UNITED STxVTES. 381 

1783, is the highlands which divide the waters which fall 
into the St. Lawrence, from those which fall into the At- 
lantic ocean. It was then supposed that this natural boun- 
dary might be easily designated ; this never having been 
done, the fifth article of the treaty of Ghent provided for 
the appointment of two commissioners, one on the part of 
each government, to ascertain and survey the boundary 
line from the source of the river St. Croix to the northwest 
angle of Nova Scotia, now New Brunswick, and from 
thence to the St. Lawrenoe or Iroquois in latitude forty-five 
north. As the geography of the country became known, it 
was found that the highlands from whence proceed the 
sources of the Madawasca, a branch of the St. Johns, bor- 
dered upon the St. Lawrence. From tliese highlands, to 
Mars hill, which divides the waters of the St. Johns from 
those of the Penobscot, is a distance of about one hundred 
and forty miles, embracing a tract of fertile land, watered 
by the Madawasca and Aristook rivers. The American 
commissioner fixed the northeastern boundary at the north- 
ernmost highlands, and the British, at Mars hill, and made 
their surveys and their reports to their respective govern- 
ments accordingly. 

Soon afterwards, the states of Massachusetts and Maine 
proceeded to survey, sell, and settle several tracts of land 
on the Madawasca and Aristook rivers, and to exercise ju- 
risdiction over them as a part of the county of Penobscot. 
On the same tracts, likewise, were some old French Cana- 
dian settlements, commenced soon after the peace of 1783 ,- 
and the province of New Brunswick also extended jurisdic- 
tion over them as a part of their county of York. The 
mail rout from New Brunswick to Quebec lay across this 
territory, and over -he lands of a Mr. Baker, a purchaser 
under the state of Maine. He, with several of his neigh- 
bors, who were also purchasers under the same title, 
erected a pole in a conspicuous part of his purchase, to 
which a cloth was attached, marked with the American 
stars and stripes ; and stopped the British mail on its way 
to Canada. Baker and his associates were arrested by 
the authorities of New Brunswick, and carried to Frederic- 
ton, on a prosecution for a riot. Baker was tried, con- 
victed, and punished by fine and imprisonment ; the others 
were discharged. These circumstances led to a corres- 
pondence between the British and American governments, 
the result of which was, that neither party should exercise 
jurisdiction over the disputed territory ponding the contro. 



:i8:^ nisToiucAL skltcues oh. xxi 

versy, and that the question of boundary should be sub 
mitted to the kinj^ of the Netherlands for his ultimate de- 
cision. Mr. Preble, a distinguished citizen of Maine, was 
appointed minister to that court, specially charged with thr 
business. In the mean time, a battalion of United Stales 
troops were stationed on its southern border. Soon after 
their arrival, their position was reconnoitered by Sir Howani 
Douglass, lieutenant governor of New Brunswick, from ji 
ncighoring eminence. No further disturbances have taken 
place, and the question of right is in a progress of settle 
!ucnt 



IS28. OF THE UNITED STATES. 383 



CHAPTER XXII. 



%^^r!T ^^,?e20ili congress-Choice of a speaker-Revision of the taiiif 
-Report of the secretary of tlie treasury-Committee on manufactures- 
^uhlL P'^oceedings-Motion to authorize them to sumnSn wUnSses- 
thp .^.?^ °^. testimony given before them-Theirrep6rts-ProSin^^^^^ 

;yin?the"^r;aS'"^' "' '"" ^"^'^^ parliament^ on the^sub^ct of ?on! 

<.p£f'?fo^ /Ae jM;en^«ef A con^re^s. On the 4th of De^ 
fir!? r! :■ ' V f ^^^ <iesignated by the constitution for the 
fin Tf'?^ of the twentieth congress, every senator except 
two and two hundred and seven out of two hundred and 
in tw "?^"^be^s of the house of representatives, appeared 

BhPn^nn^ ? V- • • ^" ^^? ^^"'^' °" ^^^ ^''^ Fallot, Mr. Ste. 
phenson of Virginia, the Jackson candidate, had 104 votes, 

Vnrl vf.S of "T^i^"- P^' opponent, Mr. Taylor of New 
oftnfili' -^'i Stephenson's votes, with the addition 
the «7rPnL^ 'V^^'^^"'' ^?^"^ 1^^ ^^^i"«t 97, determined 
he strength of parties^ there being that majority against 

l^L t'^'f'T''.' ^^" '^'^''''^^ «f the tariff, with a 
view to afford adequate protection to American manu- 
factures, was by far the most interesting subject, whi^h 
presented itself to the deliberations of the leSture at 
ir«f 'T^- .?' I'T^ ^^^ ^'''^'^ ^-hen aniSpost om 
suffioln V'^i' ""'^'v*^' "'^^^ "^^^^"^1 resources, would be 
eSi^^bi^' .^ p'?i"^'^ P"''^^'^^ ^^ government, and the 
fmnT ^""^"^ "^^ th^ remnant of the public debt. Two 
constSL^"^'^'''? ''^^ presented themselves; has the 

for the nrn^P^r"'' ^%"T^'^'' '^^ P°^^^ ^^ ^^y ^^ i^^POSt 

needed for r^°" ^^ American manufactures, when not 
hevhtvPtio P'^'P^^^'^?^"^^^^^^^ government? If 

ThLt^hiP.. nf P^V" '^ expedient now to exercise it? 

is fonndTn hf .if ^^"^ ?i^t^ ^^ ^"ti^« "P«^ importations, 
omT., nf 1 M r'^ ^f ""^t t^ ^dj"«t, of any within the 

tompass of legislation. It addresses itself to the interests 



384 HISTORICAL sketches ch. xxii, 

and feelings of the whole population. Every person wlio 
consumes a dutied article, and there are none who do not. 
pays the duty. Peculiar difficulties attend the subject in the 
United States. No nation in Europe, Russia perhaps ex- 
cepted, possesses an equal extent of territory. None 
where the climate, soil, and productions are so varied. 
None where the interests, employments, and manners of the 
population are more diverse. The difficulties attending a 
just and proper arrangement of a tariff, multiply with the 
increase of these diversities. No article, except perhaps 
a few of universal use, and which cannot be produced at 
home, can be made the subject of a duty, but what the im- 
position will bear harder upon some sections of the country 
than others. Every citizen, through his representative in 
congress, is to be heard, and his claims adjusted on this 
subject. At home, he has a state legislature, ever ready to 
listen to his complaints, and to become his champion, when 
there is a real or supposed grievance. 

Report of the secretary of the treasury. The secre- 
tary of the treasury, in his annual report to the house at the 
commencement of the session, after the usual statements 
in relation to the finances, entered into a labored discussion 
in which he maintained that a system of protecting duties 
was essential to the prosperity and independence of the na- 
tion ; that it will not have an 'injurious effect upon com- 
merce or revenue ; that it will ultimately benefit the con- 
sumer, by creating a domestic competition, shortly pro- 
ducing a better and cheaper article than the foreign ; and 
that it will greatly increase the wealth and resources of the 
country. 

Committee on manufactures. The subject would in the 
first instance, of course come before the committee on manu- 
factures. Mr. Mallary of Vermont, an able and zealous advo- 
cate for the protecting system, was appointed chairman. In 
the selection of the other members of that committee, the 
usual and correct practice of appointing a majority, known to 
be favorable to the object, was departed from, four out of the 
seven, of whom the committee consisted, were unfriendly 
to the principles of protection, and the chairman found him- 
self in the minority on most of the important questions sub- 
mitted to their consideration. A majority of the com- 
mittee against the opinion of the chairman, directed appli- 
cation to be made to the house, to summon witnesses to 
give information on the subjects before them. The motion 
was strenuously opposed, as well on account of the delay 



1828. OF THE UNITED STATES. 385 

it would occasion, as because sufficient information was 
already in its possession, and might readily be obtained by 
inquiry of members. 

Testimony before the committee. The motion prevailed, 
and witnesses were summoned from various parts of the 
nation, to inform its representatives of the resources, pro- 
ductions, and manufactures of the country. The power 
was judiciously exercised. The witnesses summoned were 
men of intelligence, and generally engaged in the produc- 
tion of the acticles which required protection. A great 
mass of valuable information was collected, clearly evincing 
the capacity of the country to produce an abundance 
of the raw material for all manufactures of wool, cotton, 
hemp, flax, and iron, and that there was sufficient capital, 
skill, and enterprise, to convert them to the necessary uses. 
That in the present state of commerce, many important 
branches must fail, if not encouraged in their incipient 
stages, by further duties on the foreign articles with which 
they competed. That in regard to woolens, the annual im- 
ports of which were estimated at eight millions, since the 
reduction of British duties on foreign wool, the manu- 
facturing of that article had been a losing concern, and with- 
out further protection the millions of capital embarked in 
the business must be lost, and the country dependent on a 
foreign supply. That in relation to those articles which 
had already received adequate protection, a domestic com- 
petition had already arisen, which, without exception, pro- 
duced the article of a better quality and at a cheaper rate 
to the consumer, than before the imposition of the duty. 
And that the uniform and settled policy of the nations with 
whom the United States had intercourse, of giving their 
own subjects the benefit of the home supply, had excluded 
most American productions, except the raw material ne- 
cessary for their manufactures, from foreign markets. 

This testimony embodied and arranged under its various 
heads, by the committee, accompanied their report to the 
house, and had a great effect in producing the passage of 
the tariff. The bill, presented the 31st of January, wag 
such as the majority directed, but did not meet the views of 
the minority. In regard to woolens, the duty on the manu- 
facture compared with that on the raw material, placed the 
manufacturer in a worse situation than under the tariff of 
1824; and must have inevitably destroyed the establish* 
raents, and with them the production of the raw material. 
33 



386 HISTORICAL SKETCHES CH. XXII. 

While the bill was under discussion, meetings were held 
in various parts of the United States, for the purpose of 
making known to congress the views of the various classes 
of citizens upon the subject. Importing merchants were ge- 
nerally opposed to the principle, every description of citi- 
zens in the south universally so. The agricultural, manu- 
facturing, and mechanical interests of the east, north, and 
west, supported the principle of protection, but were op- 
posed to many of the leading features of the bill. 

Report of the committee ofioays and means. The com- 
mittee of ways and means, of which Mr. M'Duffie, of South 
Carolina, was chairman, in their report on the finances, after 
a short statement in relation to their appropriate subject, en- 
tered into an elaborate discussion of the principles of the 
protecting system, in opposition to the arguments of the se- 
cretary of the treasury. In their view, it was destructive 
to the revenue, commerce, and all the best interests of the 
nation, and would fall with a most unequal and oppressive 
weight upon the south. 

Passage of the tariff hill. The subject occupied the 
house almost exclusively, from the 1st of February to the 
22d of April, when a bill passed, much altered from that 
reported by the committee, but by no means conformable to 
the wishes of the advocates of the protecting system, 
ayes 105, noes 94. In the senate, it passed on the 13th of 
May, ayes 26, noes 21, with various amendments, not es- 
sentially altering its general character,which were concurred 
in by the house. The state of Maine, and those of the 
south, and southwest, Virginia inclusive, being nine in the 
whole, were almost unanimously opposed to it. It met the 
entire approbation of none, and was passed by a small ma- 
jority, on the ])rinciple, that it was better than an entire 
abandonment of the subject. Taking those from the nega- 
tive who were in favor of the protecting system, but voted 
against the bill on account of its exceptionable details, it 
may be considered that two thirds of both houses were in 
favor of the principle. A law passed v/ith so great opposi- 
tion, and with so few real friends, it was thought would be 
of short duration ; and the manufacturer, for whose benefit 
it professed to be enacted, slowly and cautiously adapted his 
business with a view to avail himself of its provisions., %. 

Retrenchment resolutions. On the 21st of January, Mr. 
Chilton, of Kentucky, introduced into the house of represen- 
tatives sundry resolutions, which, after stating the impor- 
tance of discharging the public debt, and conducting tlie 



1828. OF THE UNITED STATES. 387 

affairs of the nation upon principles of economy, directed 
the committee of ways and means to inquire, and report, 
" what offices, in their opinion, might be most advantageously 
discontinued ; what salaries will bear reduction, and such 
other means of retrenchment as to them may seem neces- 
sary." This was considered on all sides as an attack 
upon the administration, preparatory to the ensuing pre- 
sidential election. On the one hand, its conduct was re- 
presented as extravagant, and in a high degree lavish and 
wasteful of the public money. On the other, it was ably 
defended. The resolutions occasioned an animated party 
discussion of two weeks, and after undergoing a variety of 
modifications, designating more particularly the objects of 
inquiry, embracing the question of reducing the pay of the 
members of congress and their officers, and providing for an 
examination of the manner in which the contingent funds 
and secret service moneys had been expended since the 
commencement of the government, they were unanimously 
adopted, and referred to a select committee. In designating 
this committee, consisting of seven members, the speaker 
appointed five, including Mr. Hamilton, of South Carolina, 
the chairman, who were known to be opposers of the ad- 
ministration, and two of its supporters. This body, denomi- 
nated the committee of retrenchments, first addressed a cir- 
cular to the heads of each department, and the postmaster 
general, inquiring of them what useless officers they had in 
their respective bureaus 1 and what salaries might be dimi- 
nished without detriment to the public service 1 These inqui- 
ries, implying mal-administration in the respective depart- 
ments were answered, as might be expected, with a decided 
negative, accompanied, in most instances, with declarations 
that further expenditures were necessary. The postmas- 
ter general was more particular in his details in relation to 
the business of his department, stating that he had under his 
command a corps of twenty-five thousand men, a greater 
number than all the officers and men in the army and navy, 
and the whole civil department together. That it was ne- 
cessary to direct the movements, and critically to watch 
the conduct of each member of this body, and see that every 
man was at his post doing his duty ; and that this could not 
be done without more subalterns, and an increased expense 
in the general office. 

Report of retrenchment committee. The committee in 
their report say, that no retrenchment can be made, in the 
post office department ; but in the other offices, they en- 



HISTORICAL SKETCHES CH. XXII* 

tirely dissent from the opinion of the heads, and think that 
at least the services of one third of the clerks might be dis- 
pensed with. This, however, they say, cannot be done with, 
out the co-operation of the chiefs. The committee, not be- 
ing- acquainted with the details of business, cannot designate 
what clerks may be dismissed, and do not propose any spe- 
cific reductions. In their opinion, reformation must begin 
at the head ; the business of retrenchment can then be 
advantageously accomplished. 

The committee next turned their attention to the contin- 
gent fund, and secret service moneys. In making appro- 
priations for the public service, it was found that congress 
could not foresee and provide for every emergency ; hence it 
early became a practice in the legislature to appropriate 
certain sums of money to provide for contingencies in the 
respective departments, to be made use of as occasion 
might require, and afterwards accounted for. It was also 
found necessary in conducting the complicated business of 
the government, especially in its foreign relations, to make 
use of moneys in a manner which could not with propriety 
be made public. It was, therefore, further provided, that 
where moneys had been taken from this contingent fund, 
and used for purposes which ought not to be disclosed, a cer- 
tificate from the president, that the money had been ap- 
propriated to public service, should be sufficient accounting 
without requiring the customary vouchers. Moneys from 
this fund, thus accounted for, were denominated secret ser- 
vice money. Such a power, it must be evident, in the hands 
of a corrupt administration, might be wielded to the most 
baneful purposes. The committee entered on this branch 
of their inquiries with great zeal and expectation. Two of 
rhemost prominent cases that fell within their observation 
rvere those of Mr. Pleasants and Mr. Cook. 

Mr. Pleasants had been employed in the spring of 1825,as a 
special messenger to carry out the credentials, commissions, 
and general instructions to Mr. Raguet, appointed charge 
des affaires at the Brazils, and Mr. Forbes at Buenos Ayres. 
With difficulty he found a merchant vessel at New York 
bound to the latter place, with very insufficient accomoda- 
tions. On his passage he fell dangerously sick, so that in 
in the opinion of his friends, pursuing the voyage in a tro- 
pical climate, w^ith such conveniences only as the vessel af- 
forded, must have proved fatal to him. He therefore aban- 
doned it, intrusted his dispatches to the captain, took pas- 
sage in a vessel bound to Liverpool, from whence he returned 



1828. OF THE UNITED STATES. 389 

in the fall to the United States. The dispatches reached 
their destinations seasonably and in safety. In settling his 
accountjthe department of state allowed his passage moneys 
and his wages up to such a time as was deemed sufficient 
for him to have gone to tlie places to which he had been or- 
dered, done his business, and returned. This, in the opinion 
of the committee, was a misapplication of the contingent 
fund, and a lavish expenditui'e of the pubhc money. They 
supposed that the appointment was unnecessary, notwith- 
standing the declarations of the secretary, that such had 
been the usual, and in the opinion of the department, the 
only safe course. They thought the dispatches ought to 
have been sent by the captain of some merchant vessel ; or. 
if they were of such a nature as to require a special messen- 
ger, he ought, at all hazards, to have remained at his post : 
and in no event should Mr. Pleasants have been paid for ser- 
vices not performed. 

Mr. Cook, of Illinois, had been appointed in the spring of 
1827, on a secret mission to the island of Cuba. After a 
short residence there, he returned on account of ill health, 
and soon after died. In consequence of this, it was not 
known that any important benefits resulted from the mission. 
He was paid an outfit, and a salary for a short period, at the 
same rate as a charge des affaires, out of the contingent 
fund, and the expenditure accounted for only on the general 
certificate of the president. The committee could see no 
reason for this appointment or expenditure. On applica- 
tion to the secretary of state, he proposed to disclose to 
them confidentially, the objects of the mission ; they de- 
clined receiving it upon those terms, leaving the subject as 
they found it ; with a strong suspicion, that as Mr. Cook, in 
February, 1825, being a member of the house of represent- 
atives, gave the vote of Illinois to Mr. Adams, this ap- 
pointment was a reward for that service ; although the in- 
tervening period of more than two years, somewhat weak- 
ened the suspicion. The committee specify several other 
instances which they deem to be abuses of this fund, but 
none of so prominent a character. Though their commis- 
sion authorized them to extend their inquiries back to the 
commencement of the government, they chose to confine 
them to the period of the present administration. 

The committee were greatly and justly alarmed at the 

executive patronage of the press. They find that there are 

eighty-two newspapers in which the laws of the United 

States are printed for general information. That the amount 

33* 



390 HISTORICAL SKETCHES CH. XXII. 

paid for printing, advertising, and subscriptions for newspa- 
pers by the executive departments, and general post office 
from the commencement of Mr. Adams' administration to 
the period of their inquiries amounted to 78,030 dollars. 
This they consider as sufficient to bribe the publishers to 
support the views of a corrupt executive ; and recom- 
mend measures to restrict this patronage. It not having 
occurred to the committee that a successful candidate for 
the presidency, might, by rewarding influential editors with 
lucrative offices, obtain an entire control of the press, they 
made no provision against such contingency. 

Counterpart by the minority. The administration had 
two powerful advocates on this committee, Messrs. Sar- 
geant and Everett. They accompanied the report with a 
counterpart expressing their views of the various subjects 
under consideration. They state that the expenses of the 
executive department to which their inquiries had been 
chiefly directed, amounted to about one fiftieth part of the 
whole expenditure of the government ; that only one sixth 
of this w^as in any way subject to executive discretion, the 
residue being provided for, and limited by law, and but one 
tenth of this one-sixth was of a nature any way questiona- 
ble. The amount, therefore, which could in any manner be 
subject to the pruning of a retrenchment committee, was 
only one three thousandth part of the public expenditure. 
Small however as it may be, compared even with the ex- 
penses which the debate on the subject has occasioned, they 
think it ought to be critically examined, that every avenue 
to corruption might be stopped. They then proceed to the 
examination of the various subjects embraced in the report, 
and arrive at the conclusion that the financial affairs of the 
nation have been managed with economy. 

Navigation of the St. Lawrence. On the 7th of January, 
the president transmitted to the house of representatives, 
thp correspondence between the British and American 
governments on the subject of the navigation of the St. 
Lawrence. The claim to a free navigation of that river 
from its source to the ocean for the citizens of the United 
States, was first made by Mr. Rush, in 1824, and met with a 
decided refusal ; the British ministry considering their right 
to exclude all foreigners from navigating that river through 
their territory, as a matter which admitted not even of de- 
bate. The claim was renewed and enforced more at large by 
Mr. Gallatin, in obedience to instructions from the depart- 
ment of state, in 1826, and with the same result. 



1828. OF THE UNITED STATES. 391 

The question of right to the free navigation of a river, 
where one power owns both banks at the mouth, and another, 
those on the upper portions of the stream, has never been 
definitively settled. Writers on national law, favor the doc- 
trine of the exclusive right of the lower proprietor. This 
has never been submitted to, where the upper was the 
most powerful and able to enforce his claim. All the ma- 
terial points arising in Europe on this head, were settled by 
treaty stipulations at the general congress at Vienna in 1815, 
In all instances the right was secured to the upper proprie- 
tors on such terms as that congress thought expedient. Pre- 
vious to this period, the subject had been a fruitful source of 
controversy and war. 

Mr. Gallatin enforced the American claim with great in- 
genuity as well from what he contended was the principle 
of natural right, as from the necessity of the case. Six states 
at least, bordering on the upper waters of that river, were 
interested in its navigation. It could not be supposed that 
they would give up this highway which the author of nature 
had provided for them to the ocean, the common property of 
all. It was a right which might be enjoyed without detri- 
ment, and generally to the mutual advantage of the upper 
and lower proprietor. A difficulty, however, presented itself 
in this case, common to most others of this nature, admit- 
ting the right, it could not be beneficially enjoyed by the up- 
per proprietor without a place of deposit in the lower. 
The productions of the upper country can never reach 
the ocean in the same vehicle in which they are first em- 
barked. A transhipment, and of course a depot in the 
lower country is necessary. This cannot be claimed as a 
matter of strict right, but must be the subject of negotiation. 
The claim of Mr. Gallatin was met by a direct and unqua- 
lified refusal, accompanied with a labored argument in favor 
of the British principle. From the result of this correspond- 
ence, it is evident that the free navigation of the St. Law- 
rence is not to be obtained without a purchase, a conquest, 
or the independence of the Canadas. Fortunately, the 
Erie canal and its branches, the Champlain canal, and the 
contemplated one across the northern border of New York, 
from the St. Lawrence to lake Champlain, renders the navi- 
gation of that river through the British territory of little 
consequence ; there being very few, if any points on its up- 
per waters, from whence produce will not reach a foreign 
market by the way of New York, at a cheaper rate than by 
Montreal and Quebec. 



392 HISTORICAL SKETCHES CH. XXII. 

Death of General Brown. Major General Brown, com- 
mander in chief of the army, died at Washington, on the 
24th of February, 1828. In consequence of the vacancy 
occasioned by his death, Mr. Chandler, of Maine, intro- 
duced a motion into the senate, to abolish the office of major 
general, leaving the command in chief of the army to the 
senior brigadier. The motion not prevailing, the vacancy 
was filled by the appointment of General Macomb. 

The session closed on the 27th of May. 

Excitement in the south. No events since the com- 
mencement of the revolution, so much resembled the tumul- 
tuous and disorderly proceedings of that period, as the ex- 
citement in the south, occasioned by the tariff. South Ca- 
rolina, feeling herself the most deeply injured, took the lead. 
It became a matter of serious debate, with her delegation 
in congress, after the passage of tlie law, whether they 
should not abandon their seats.* It was the serious, deli- 
berate, and universal opinion of the southern section, that 
the law was unconstitutional, unjust, and peculiarly op- 
pressive to them. Inflammatory newspapers, taking the 
lead, and profiting by the excitement, called upon the peo- 
ple of the south to form conventions, and separate from the 
union. Ambitious politicians followed in the train, adding 
fuel to the flame^ hoping to profit by its ravages, regardless' 
of consequences. Meetings were held in various places, 
all agreeing in the general measure of denouncing the tariff, 
but varying in their modes of opposition, according to the 
feelings, character, and intelligence of the members. At a 
meeting of the inhabitants of Colleton district, an inflam- 
matory address, calling upon the citizens to an open resist- 
ance to the law, was received with applause. It had become 
a custom, to a considerable extent, for such representatives 
as had, in the opinion of their constituents, distinguished 
themselves in congress, on interesting subjects, to receive 
the honors of a public dinner ; the characteristics of which 
were, a complimentary toast to the guest, and a speech 
from him, in unison with the feelings of the assembly. 
Such an entertainment was given to Mr. M'Duffie, at Co- 
lumbia, at which Governor Taylor presided. A little pre- 
vious to it, the tariff law, and the effigies of its principal 
supporters, were publicly burned. On being toasted as the 
chairman of the committee of ways and means, in allusion 



* Haynes and Mania's letters, 1828. 



1828. OF THE UNITED STATES. 393 

to the celebrated anti-tariff report of that committee, he 
addressed the meeting" in a speech of two hours, in which 
he represented the majority who had passed the law, as a 
set of desperate, unprincipled tyrants, who had bartered 
away the rights and interests of the south, for electioneering 
purposes ; that such a state of things was insufferable, and 
none but cowards would bear it longer. He concluded with 
the toast, "millions for defense, not a cent for tribute." 
The manner in which this had been used, at the commence- 
ment of the late war, and of its introduction now, was such 
that its object could not be mistaken. The speech, with 
the concluding sentiment, was received with unbounded 
applause. The governor's message to the legislature, in 
the following November, partook very much of the charac- 
ter of these meetings. South Carolina, however, was not 
without her distinguished citizens who reprobated proceed- 
ings of this nature. David R. Williams, formerly governor 
of the state, now in retirement, on being applied to on the 
subject, though falling in with the current of opinion on the 
constitutionality of the law, censured, in severe terms, all 
tumultuous and hostile measures. " Dreadful, indeed," he 
says, " must be the suffering which would warrant an appeal 
to the elements of passion and discord, for relief." 

The proceedings in the other states of the south, though 
agreeing-, in principle, on the constitutionality and effects 
of the tariff, were of a much more moderate character. The 
principal meeting was held at Athens, in Georgia, on the 
6th of August, at which Mr. Crawford, formerly secretary 
of the treasury, presided. Messrs. Berrien and Cobb, of 
the United States senate, several members of the house of 
representatives, and other distinguished characters, were 
present. It seemed to be the object of the talented gentle- 
men who guided the deliberations of this meeting, to allay, 
rather than increase the excitement, and to give it a right 
direction. After declaring their opinion, that the law was 
unconstitutional, and injurious to the south, they say, " that 
as the union is dear to them, it should not be jeoparded by 
any measures of an angry and violent character." They 
recommend an earnest request for the repeal of the law, an 
address to their fellow-citizens throughout the union, to aid 
in the measure. They recommend to the people of Geor- 
gia, to produce within themselves, as much as possible, the 
principal articles affected by the tariff. This cool, judicious, 
and constitutional proceeding of the elite of Georgia, while 



394 HISTORICAL SKETCHES CH. XXII. 

it formed a striking contrast, served as a powerful check to 
the violent proceedings of their neighbors. 

Grounds taken to sustain the excitement. For the pur- 
pose of keeping up and increasing this excitement, propo- 
sitions of the most untenable and deceptive character were 
industriously circulated among the people. Some of which 
were the fol] owing : 

1. Upon the export of every hundred bales of cotton, 
and the importation of its avails in dutiable articles, the 
producer, that is, the southern planter, pays sixty of them 
into the treasury in the shape of impost, that being the 
average of duties. That this never can be collected of the 
consumer, because there being a constant supply in market, 
neither the demand nor the price can be increased. One 
obvious result of this position demonstrating its fallacy is, 
that three or four small states, producing cotton, pay nearly 
as much into the treasury as the whole amount of its receipts. 
It had, how^ever, its designed effect. 

2. That the south, in the character of consumers, are the 
greatest, and almost the only sufferers by the tariff. This, 
on examination, is found to be equally fallacious. The 
principal and most objectionable article in the act of 1828, is 
woolens. The climate of the north requires the consump- 
tion of double the amount of this article by any given num- 
ber of inhabitants. At least three fourtlis of the people of 
the north are no otherwise interested in the success of 
woolen establishments, than as they participate in the ge- 
neral prosperity of the country. Admitting, therefore, that 
the consumer pays the duty, a position never controverted, 
except for the purposes of this excitement, and too obvious 
to require illustration, the population of the north, not inter- 
ested in woolen manufactures, pay a heavier duty on that ar- 
ticle than the south. 

3. That the tariff will prevent the exportation of the 
southern staple to Great Britain, as she will not receive it, 
except in exchange for her manufactures. This position is 
bottomed upon the subversion of a principle as old and as 
demonstrable as any in mathematics, to wit, that the manu- 
facturer will purchase Ihe raw material where he can obtain 
it upon the best terms. As long as the British cotton mer- 
chant and manufacturer have in view the profits of their bu- 
siness, the planter may rest assured that his staple will find 
purchasers whenever it can be brought to market upon bet- 
ter terms, than the same article from other places. 



1828. OF THE UNITED STATES. 395 

4. That the protecting system has been adopted by an un- 
relenting and overbearing majority, and is not to be miti- 
gated, however oppressive it may prove. Fears excited on 
this head are equally groundless, should a supply of any ar- 
ticle fail of being produced at home on as good terms as from 
abroad, after a fair experiment, the south may rest assured 
it will be taken out of the tariff; and they need not rely on 
the charity or sympathies of their cold and heartless 
brethren of the north for this effect. In relation to any ar- 
ticle of manufacture that can be named, nine tenths of the 
people of both sections are interested as consumers, and 
not as producers ; it is impossible, therefore, that it should 
retain its place in the tariff, after a fair experiment which 
has proved unsuccessful. That there is a determination to 
make a thorough trial of the protecting system, which has 
been adopted and is now in operation in all other nations, 
and which has conducted them to wealth and greatness, 
cannot be doubted. The excitement bottomed upon these 
fallacious positions is beginning to subside by the effect of 
a more enlightened and correct course of reasoning. Colo- 
nel Drayton, a distinguished member of congress from the 
city of Charleston, in a decided manner has recently repro- 
bated all disorderly and unconstitutional proceedings ; and 
in a late contested election for municipal officers in that city, 
the question being between the advocates and opposers of 
the seditious and nullifying doctrines, the latter prevailed. 

In this conflict of opinion, the views of Mr. Madison were 
anxiously sought. With the frankness and perspicuity cha- 
racteristic of this venerable statesman, and in answer to the 
inquiries of a friend, he maintained in a conclusive course 
of reasoning, the power of congress to regulate trade and 
lay duties for the purpose of protecting domestic produc- 
tions. 

British views of the tariff. In the British parliament, 
Mr. Huskisson, on the 18th of July, moved for the produc- 
tion of copies of the American tariffs of 1824 and 1828. 
The professed objects of this motion were countervailing or 
retaliatory acts. Neither her statesmen there, nor her 
friends here, can with propriety complain of the adoption 
of a system which she had for a century adhered to, to the 
very letter, and which had contributed more than any thing 
else to her greatness. The debates in parliament on Mr. 
Huskisson's motion, exhibit the views of the ministry upon 
this subject. They affect to consider the tariff as an elec- 
tioneering project, brought forward every four years to have 



HISTORICAL SKETCHES CH. XXII. 

its influence in the choice of a president. They complain, 
that while they were adopting the liberal principles of free 
trade, America was entering upon the restrictive system. 
This boasted liberality, on examination, was found to con- 
sist only in abolishing prohibitions and prohibitory duties, 
when they were no longer necessary. It did not admit an 
article of American produce for consumption, but such only 
as her manufactures required, and such as were before ad- 
missible. They treat the measure as one of designed hosti- 
lity, denominate it a weak and absurd policy, and threaten 
retaliation. They advise their merchants, that their goods 
may yet find their way to the American market through the 
Canadas, without the payment of any duties.* Advantage 
was taken of the period between the passing of the law, 
and its going into operation, to introduce an immense quan- 
tity of British goods, to the injury of the American manu- 
facturer. 

Fortification of the Canadas. A debate in the British 
parliament, on the subject of fortifying the Canadas, became 
of interest to this country, as it brought into view the policy 
of that nation regarding her possessions on the North Ame- 
rican continent, and her apprehensions in relation to the 
United States. In the year 1824, the duke of Wellington 
sent a commission of engineers to examine and report on 
the means of defense necessary for his majesty's North 
American colonies. They reported a system of fortifica- 
tions, and canals for the transportation of the materiel of 
war, embracing an expenditure to the amount often millions 
of dollars. The object of first importance was the Rideau 
canal, along the northern bank of the St. Lawrence, from 
Kingston to Montreal. The rapids between those places 
render the ascending navigation hazardous, and of little 
value for heavy transportation, the channel in some places 
passing near the southern shore, the navigation is at all 
times subject to the control of the United States. These 
circumstances rendered the canal a work of immediate and 
essential importance to the defense of the upper country, as 
well as for commercial purposes. Grants to the crown, or, 
in the language of American legislation, appropriations, 
were made for its commencement. This, with the Welland 
canal, connecting the navigation of lakes Erie and Ontario, 



* Parliamentary debates, July, 1828. 



,1-828. OF THE UNITED STATES. 397 

affords the provinces an inland sloop navigation from the 
ocean to lake Superior, 'a distance of nearly two thousand 
miles. 

On the 7th of July, Sir H. Harding moved in the house of 
commons a grant to the amount of $130,000, for erecting 
fortifications at Halifax and Kingston, as the commence- 
ment of a system embracmgthe views of Lord Wellington's 
commission of engineers. The opposition objected to this 
appropriation as a useless expenditure. They considered 
the British title to the Canadas, as little better than a te- 
nancy, at the will o'f the United States ; that they would 
soon become a component part of that power, or an inde- 
pendent sovereignty. In either case, the expenditure would 
be lost to them, and accrue to the benefit of their rival. 
The controversies between the governors and the provincial 
assemblies, chargeable, in a great measure, to the follies 
and imprudencies of the former, indicated such an event ; 
to which, also, it might be added, the policy of restricting 
the navigation of the St. Lawrence, so beneficial to the in- 
habitants, both on its upper and lower banks, would very 
much contribute. The intercourse, connections, and mutual 
interests of the states and provinces, all lead to a speedy 
dissolution of the connection between the parent country 
and the colonies. By the time the contemplated works 
of defense v/ere completed, which would probably oc- 
cupy eight or ten years, Canada would be in a better situ- 
ation to obtain her independence, than the United States 
were in 1775. She might always rely on a powerful co-ope- 
ration from the states. Indeed,- a more improvident and 
useless expenditure, could hardly be devised. 

The replies of the ministry admitted that there were 
some grounds for the forebodings of the opposition, which 
the remarks themselves tended very much to bring about. 
They considered, that the interest and honor of the nation 
required, that the loss of their North American colo- 
nies should be guarded against with the utmost vigilance, 
and put oflTto the remotest period. Their speeches, as well 
as the large amount required for the object, indicated great 
sensibility, and an extreme jealousy towards the United 
States, in relation to the Canadas. The appropriation bill 
S^aissed the house of commons : ayes, 12G — noes, 5L 
M 



39S HISTOKICAL SKETCHES €H. XXI? 



CHAPTER XXIil. 



."Presidential election of 182S — The candidates— Preparatory measures— Nv' 
mination of General Jackson, by the legislature of Tennessee— His ad 
dress and pledge— Charges against the administration- Result of the vote- 
in the electoral colleges — Mr. Adams' last message to congress — Report o? 
the secretaries of the treasury and war — Nomination of a judge of the su 
preme court postponed — Propositions to alter the judiciary law, and tr 
amend the constitution— Brevet rank — General Scoti suspended— Review 
of Mr. Adams' administration— Prosperous condition of the country— Fo 
reign relations— Collection and disbursement of the revenue — Appoint 
ments to office— Support of the principles of internal improvements, anc 
Bf the protecting system— Effects of a contest for the presidency- 

Presidential election of 1829. The approaching- presi- 
dential election was the all engrossing topic of political dis- 
cussion for 1828. Jackson and Adams being of the same 
political party, or rather, party having become extinct, ex- 
cept from causes of a personal, sectional, and temporary 
character, the public had but little interest in the question^ 
which of the two candidates should administer the govern- 
ment for the coming four years. The general course oi 
American policy is so well settled, that no president, it was 
thought, would attempt to disturb it. The national progress 
to wealth and power is so steadily onwards, that even a 
weak or corrupt administration can do but little to impede 
it. The contest for the presidency of 1829, at its com- 
mencement, was chiefly of a personal nature, beginning first 
with the candidates and their particular friends, next ex- 
tending to all whose expectations of office or emolument 
depended upon the success of either, and lastly to theii 
friends, and all over whom they had any influence : appended 
to these, was a large class of minor politicians, whose ob- 
ject was to elevate themselves to notice by entering the lists. 

Their coarse of reasoning was, " I am nothing- now, I can- 
not be less, I may be more." This mass, combined and set 
in motion, was sufficiently powerful to agitate the whole 
community. 

Disappointed in the result of the election of 1825 in the 
house of representatives, the friends of General Jackson 
determined to take the earliest and most effectual measures 
to secure the next. His banner was unfurled in the legisla- 



1828. OF THE UNITED STATES. 399 

ture of Tennessee, in October, 1825. A resolution passed 
hoih houses, almost unanimously, proffering- hira to their 
fellow-citizens for the chief magistracy, and expatiating at 
large on his many distinguished qualifications for the office. 
This resolution was responded to by General Jackson, not 
doubting the right of a state legislature to nominate a pre- 
sident, by a resignation of his seat in the senate of the 
United States. In his address accompanying the resigna- 
tion, he suggested an amendment of the constitution, which 
embracing an important principle supposed to be the guide 
of his conduct in the event of a successful issue of the con- 
test, ought to be recorded in his own words. " I would im- 
pose a provision rendering any member of congress ineli- 
gible to office under the general government, during the 
term for which he was elected and for two years thereafter.'- 
The reasons assigned are, ** that congress would thereby in 
a considerable degree be free from that connection with the 
executive department which at present gives strong ground 
for apprehension and jealousy on the part of the people. 
That if this change in the constitution should not be ob- 
tained, and important appointments continue to devolve on 
the representatives in congress, corruption will become the 
order of the day, and through this channel the people may 
expect to be attacked in their constitutional sovereignty ; 
and tyranny may well be apprehended to spring up on some 
favorable emergency. In conclusion," he says, *' it is due 
to myself to practice upon the maxims recommended to 
others." 

This public declaration of an important principle, calcu- 
lated to secure the liberties of the people and the indepen- 
dence of the national legislature, accompanied with a solemn 
pledge that it should govern his conduct, was received with 
applause, and contributed much to the result of the canvass. 
The example of Tennessee was followed by several other 
states ; and numerous conventions and meetings of the 
people, in different sections, and at various times, an- 
nounced him as their candidate. 

Thus early before the people, and unequivocally pledged 
as they supposed, to support an important constitutional 
principle, General Jackson's standard formed a rallying 
point, under which were collected all who had been opposed 
to the election of Mr. Adams, and all who had been disap- 
pointed in their expectations of office under him, con- 
stituting a majority of the nation. Of the thousand editors 
of newspapers throwing their daily and weekly lucubrations 



400 



HISTORICAL SKETCHES CH. XXIII. 



into the hands of almost every elector in the United States, 
an important object was to engag-e as many as possible in 
the cause. In addition to the usual reward of the emolu- 
ments of the public printing, several of the most influential 
editors were made to expect lucrative appointments in case 
of success. A general belief that the offices and emolu- 
ments of the government would be distributed among the 
agents by whom the change should be brought about, in pro- 
portion to their zeal and talents in the cause, universally 
prevailed, and contributed much to its accomplishment. 

Thus organized, the material point was to render the ex- 
isting administration unpopular. The charge of a corrupt 
bargain between the president and secretary of state was 
reiterated, and pertinaciously adhered to through the whole 
canvass ; and this although a bargain of the samfe nature 
existed between the candidate, and those engaged in pro- 
moting his election throughout the union. The conduct ol 
the executive was narrowly watcluid in order to find mate- 
rials for censure. The Panama mission was represented as 
a weak and injudicious measure, occasioning a great ex- 
penditure to no valuable purpose. 

The failure to obtain a participation in the British West 
India trade was iiriputed to the errors of the administration. 

The general charge of a wasteful, extravagant, and un- 
constitutional exp(!nditure of the public money was con- 
stantly kept up, and endeavored to be supported by the re- 
searches of the retrenchment committee of 1827-8. 

The motto, retrenchment and reform, surmounted thf 
standard of General Jackson, and the people were made to 
believe that, under him, economy would be the order of the 
day. 

The omission of the president, in his message of Decem- 
ber, 1827, to recommend the subjects of internal improve- 
ment, and protection to domestic industry, was noticed as 
a weak attempt to conciliate, or at least to avoid giving 
offense, to the party opposed to those measures, andwithoul 
gaining an individual from the ranks of his competitor, 
greatly weakened the attachment of his friends. Mr. 
Adams, personally, had few zealous supporters. Many who 
were in favor of the principles of his administration, and of 
his re-election, and who did not believe General Jackson 
qualified for the office, would have been glad to have seen 
the presidency in other hands. From the commencement 
of his political life, until the year 1807, he had been of the 
party denominated federalists, a term in 1828, denoting a 



id28. or Tin: UMTi:r> states, 40) 

.lisqualification for office. His conversion was sudden, and 
being attended soon afterwards by an appointment of minis- 
ter to Russia, it was supposed that he had obtained execu- 
tive favor, by representing that the party from whom lie had 
seceded, entertained treasonable designs against the go- 
vernment. Tins suspicion prevailed in a conaiderable de- 
gree during the canvass, and was confirmed by subsequent 
disclosures. 

The charges against the administration, were promptly 
met and denied. Mr. Adams' long experience, distinguished 
talents, and high character as a statesman, were placed in 
a prominent view, lud contrasted with the opposite quali- 
ties of his rival. General Jackson's merits as a soldier, 
were adnutted ; at the same time it was claimed, that they 
furnished no evidence of his capacity to perform the duties 
of the high office to which he aspired. On the other hand 
It was contended, that the frequent examples of arbitrary 
conduct, and repeated violations of the constitution, 
<luring his military career, which were brouglit for- 
ward and placed in bold relief, furnished stroncr grounds 
of apprehension that the liberties of the people" would be 
unsate in his hands. His conduct, from the commencement 
oi his political life, was severely scanned, and every error 
placed in a conspicuous view. Towards the close of the 
contest, the private lives and characters of the aspirants 
were scrutinized, and every fault and foible ex))osed. 

The administration called to their aid a principle which 
Jiad been adopted, and adhered to with a siufHo exception, 
since the commencement of the governmen't, that of re- 
e ecting the incumbent for a second term. This, it was 
claimed, was productive of much good ; giving consistoncv 
and stability to the executive, affording an opportunity for 
a lair experiment of its measures, and preventinn- the fre- 
quent returns of the cabals and intrigues, incidcntlo a con- 
test for the presidency. 

A minute detail of the event,<!of this election would form 
a dark page in the history of the republic. Tlw; contest 
ond('d in the choice of electors in November, 1H28; and 
the result was a triumphant majority in the electoral col- 
leges for General .Tackson ; 178 for him, and 83 for Mr 
Adams The latter had the votes of New Jersey and Dela- 
ware, all the New England votes, except one from Maine, 
sixteen from New York, and five from Maryland. All the 
other votes were for General Jackson. 



402 HISTORICAL SKETCHES CH. XXIII. 

Close of Mr. Adams* administration. Few important 
subjects of general concern engaged the attention of the 
twentieth congress at their second session. It was ascer- 
tained at its commencement, that the government was 
about to pass into the hands of other administrators. The 
present had little else to do but to close up their affairs, and 
deliver over the concerns of the nation into the hands of 
their successors. This they were desirous of doing at least 
with as much honor to themselves, as was compatible with 
the real state of the nation. The message and accom- 
panying documents, communicated at the commencement 
of the session, were calculated to show that the business of 
the government had been well conducted for the last four 
years, and would pass into the hands of the succeeding ad- 
ministration, in a more prosperous condition, and less incum- 
bered with debt, than when received by the present. The 
close of a presidential term, especially when attended with 
a change of administration, is a proper period to review 
the past, and place upon record the present condition of 
the nation, thereby to afford a ground to compare it with 
what it may be at the end of the succeeding term. 

Treasury report. The treasury report gave a detailed 
view of the finances under Mr. Adams' administration^ 
compared with that of the preceding four years, the mate- 
al results of which were, that the absolute increase of re- 
venue exceeded eighteen millions : 

That the tariff of 1824, had considerably increased the 
receipts at the treasury : 

That the consumption of foreign goods, had, on an ave- 
rage, been eighteen per cent a year more, than the pre- 
ceding four years : 

That all the accruing interest, and upwards of thirty mil- 
lions of the principal of the public debt had been paid, 
leaving its amount on the 1st of January, 1830, ^51,362,135, 
exclusive of seven millions due the bank of the United 
States, for which they own an equal amount of stock : 

And that fourteen millions had been applied to objects of 
defense, and internal improvements of a permanent nature, 
furnishing a kind of national capital, for the benefit, not 
only of the present, but of succeeding generations. 

From this view, the secretary infers that the nation, in 
its financial and commercial concerns, is in a prosperous 
and rapidly improving condition ; claiming, however, no 
other merit for the administration, than an economical use, 
and a faithful collection and disbursement of the public mo- 
neys, for the objects for which they are appropriated by law. 



1829. OF THE UNITEDSTATES. 403 

The secretaries of war and the navy, also gave a detailed 
view, showing the prosperous condition of their respective 
charges. The secretary at war entered into a particular 
consideration of that branch of his department which related 
to Indian affairs. In his view, the practice of instructing 
and civilizing them by one set of agents, and thereby cre- 
ating an attachment to their possessions ; and sending 
them another, to deprive them of their lands, by every means 
short of the bayonet, was the most inconsistent and de- 
structive policy that could be adopted. He recommends to 
provide a country, north and west of the Arkansas terri- 
tory, sufficiently large for their comfortable subsistence ; 
to induce them, by liberal offers, to exchange their lands 
within the states and organized territories, for this country ; 
to provide for their support, while emigrating and settling ; 
and to afford them the means of protection and civilization. 
This removal, he considers, should be entirely optional ; 
and that those who choose to remain, should enjoy pro- 
tection in their persons and possessions, and be subject to 
the laws of the states and territories within which they re- 
sided. 

Nomination of a judge postponed. Early in the session, 
the president nominated to the senate, Mr. Crittenden, of 
Kentucky, as an associate justice of the supreme court, in 
the place of Mr. Trimble, who died the preceding August. 
The judiciary committee, to whom the nomination was re- 
ferred, reported that it was inexpedient to act upon it at 
this session. The report occasioned a debate of a party 
character, between the friends of the present administra- 
tion, and those who were to be their successors. It was 
claimed to be the duty of the president, under the obliga-' 
tions of the constitution, requiring him to see that the laws 
were faithfully executed, to fill all important vacancies, espe- 
cially those of the supreme court, without any unnecessary 
delay ; and equally obligatory upon the senate, promptly to 
act upon his nominations. That no other question could 
properly come before them, than the fitness of the person 
for the office ; and no other delay be justifiable, but such as 
was necessary to obtain information relating to his qualifi- 
cations. That the high duties appertaining to the supreme 
court, at their annual session, required, as well for the cor- 
rect decision of cases, as for the satisfaction of the public, 
that that body should be full. The report was accepted, 
and the nomination indefinitely postponed. The session of 



4U1 HISTORICAL SKETCHES CH. XXIII. 

the court was delayed several days, for the want of a quo- 
rum, and the body was not full during the term. 

This unusual course was attributed to a wish, on the part 
of those who were to come into office, to give the president 
elect an opportunity of selectmg a judge, it might be to re- 
ward a partisan, a^id if, thereby, a vacancy was made in 
some other department, to extend executive patronage. 
Subsequent events gave countenance to such suspicions. 

An unsuccessful attempt was made in the house, to alter 
.he judiciary law, so as to require a concurrence of five 
judges of the supreme court, to declare any state law or 
constitution void. A like result attended a resolution intro- 
duced by Mr. Smyth, of Virginia, to amend the constitu- 
tion, so as to extend the term of the presidsncy to six years, 
' and render the incumbent meligible for a second term. 

General Scott. The appointment of General Macomb, 
as successor to General Brown, to the command in chief of 
the army, occasioned a dispute of a serious nature, between 
the war department and General Scott. The latter was 
senior brigadier, by a regular appointment, and had been 
major general by brevet, since the year 1814. He claimed 
that his brevet commission, being an honor conferred upon 
him for signal services in that year, gave him a full title to 
the rank and command of a major general, from that period. 
That he was thereby senior to General Macomb, and the 
president and senate could not, by appointing the latter to 
the chief command, transfer the seniority. With these 
views of his rank, he refused to receive or execute any 
orders from General Macomb, and was in consequence sus- 
pended. He applied to the war department for a court 
martial, to settle the question as to the effect of a brevet 
commission, and to congress, to explain it hy a declaratory 
law. Both applications were unsuccessful, it being the 
opinion of the department, and of congress, that, be that 
question as it may, the president and senate had power to 
appoint a commander in chief, whose authority extended 
over the officers of every rank and grade in the army. 

During the period of his suspension. General Scott, vi- 
sited Lafayette, in France, and submitted his case to that 
experienced officer, for advice. The latter, without de- 
ciding, precisely, the question of brevet rank, advised him 
to submit to the decision of the president, and resume his 
station in the army ; which he accordingly did, to the satis- 
fuclion of his friends and the public. 



1829. OF THE UNITED STATES. 405 

The third of March, 1829, terminated the labors of the 
twentieth congress, and the administration of 1825. 

Character of the administration. No administration, 
since the commencement of the government, has been so 
severely scrutinized as that of the second Adams. It com- 
menced with an opposition, consisting of a majority of the 
people, and about an equal division of both houses of con- 
gress, which increased during the period, and effected 9 
change at its close. That the nation has increased in its 
revenue, commerce, navigation, manufactures, population, 
and general wealth, cannot be doubted. This, however, 
is to be attributed rather to the natural course of events, 
than to any extraordinary merits of the administration. 
Tliat they have done nothing materially to interrupt the 
progress of national prosperity, is what the candid of their 
opponents are willing to accede. That peace has been pre- 
served, and a respectable station maintained with foreign 
powers, must be admitted. The latter being the effect of 
an able diplomatic representation, Mr. Adams is entitled to 
the credit, at least, of making a judicious selection. The 
tone and character of the government, has been well sus- 
tained, by a talented cabinet. 

The subjects of discussion with foreign powers have been 
few, and have terminated unsuccessfully. This is to be im- 
puted, not to the want of talent or zeal in the administration or 
its agents ; but to the reluctance of those powers to accede to 
the demands of this. The claims for indemnities for spolia- 
tions have been prosecuted without success. With Great 
Britain, several important questions have been discussed, 
but without coming to any result satisfactory to the Ameri- 
can government. The three principal points on which the 
governments are at issue, the colonial trade, the free navi- 
gation of the St. Lawrence, and the northeastern boundary, 
have been ably sustained, and terminated in these results : 
that a participation in the trade to the British West Indies 
is not to be obtained, but upon such terms as ought not to be 
accepted ; that the free navigation of the St. Lawrence, for 
the citizens of the United States, bordering upon its upper 
waters, through the British territories to the ocean, is not 
to be expected, except by purchase or conquest. The ex- 
tensive system of defense, recently commenced by Great 
Britain, in the Canadas, show that either conquest or pur- 
chase must be dear. The question of the northeastern 
boundary, embracing-about one third of the territor)^ of tho 



100 HISTORICAL SKETCHES CH. XXIII. 

state of Maine, has been thoroughly examined, and is in n 
train of amicable adjustment before the king* of the Nether- 
lands, as an umpire. 

During" Mr. Adams' term, eighty-four millions of revenue 
were collected and disbursed, passing through the hands of 
several hundred agents, with less percentage loss than usu- 
ally attends operations of a similar nature, by vigilant indivi- 
duals, the estimate being less than one half of one per cent. 
This is highly creditable to the great body of officers concerned 
in managing the national finances. At the same time the 
" searching operations" which immediately succeeded, dis- 
covered several frauds, and peculations on the treasury dis- 
graceful to the perpetrators. 

Few removals took place during his administration, none 
but for alledged official misconduct. Succeeding to the 
presidency without competition with the previous incumbent, 
no hostility existed between Mr. Adams, and the office 
holders under his predecessor ; and of course no inducement 
to a system of proscription, and a prostitution of the power 
of appointment and removal, to the purpose of rev/ards and 
punishments. Not confined in his appointments exclusively 
to those who had been instrumental in his elevation, he had 
a greater range, and a better opportunity to make a judicious 
selection. 

The administration were the decided friends and able ad- 
vocates of a system of internal improvements unon a liberal 
scale. In their view, great national objects, as well as pri- 
vate and local advantages, were to be obtained by facilitating 
ibe intercourse between the distant parts of the union. 
They were likewise the firm supporters of the principle of 
protecting domestic industry, .by the imposition of duties 
which should exclude foreign articles as fast as a home sup- 
ply on fair terms, could be furnished. Believing these points 
to be essential to the prosperity of the nation, they labored 
with great assiduity and success in establishing them. 

The events attending the political change of 1829, evince 
that when a prize of such magnitude as the presidency of 
the United States is set up, free to be contended for by all 
their citizens, the struggle will be arduous. All the human 
passions will be called into operation. The character 
of the means will not be regarded, so be it they conduce to 
the end. In other nations, straggles for the supreme power 
have ever been attended with bloodshed. In this, the same 
passions operating, the virtue and intelligence of the people 



1828. OF THE UNITED STATES. 407 

with the most alarming* examples in their own hemisphere 
before them, have hitherto stopped short of the last resort ; 
whether with the increasing magnitude of the object this will 
continue to be the case is as yet problematical, and depend- 
ent upon the good sense, virtue, and moderation of the 
American people. 



408 HISTORICAL SKETCHES CH. XXIV 



CHAPTER XXIV. 



Commencement of the administration of 1829— Inaugural address— Tenure 
of office— Former practice in relation thereto— Meeting of the senate— No- 
minations— New principle relatinj" to appointment and removal— Adjourn 
ment of senate— Removals and appointments in th( recess— Meeting of the 
Virginia convention to r^'vise their constitution — Their proceedings — The 
revised constitution adop cd — First meeting of the 21st congress — Slessagc 
— Subjects recommended — Mr Foots resolution relating to public lands. 
Debates on various subjects occasioned thereby — Latitude of debate-State 
of the public domain, and policy relating to it — Repori of committees re- 
lating to the bank — Indian affairs — Debates thereon — Policy of the adminis - 
tration relating >o them — Proceedings of Georgia — Mr. MaUary's bill re- 
lating to the revenue — Mr. M'Duffic's amendment — Tarilf discussion — Pro- 
ceedings of the senate relating to appoininients and removals — Subsidizing 
the press — Major Barney's case — Repon ot the retrenchment comniitttee — 
Maysville act — Veto thereon — New principles relating to internal improve- 
ments — Rising of congress — President's proceedings in relation to a duel — 
New organization of parties. 

Inaugural address. On the 4th of March, 1829, General 
Jackson was inducted into office with the accustomed cere- 
monies, and in the presence of a numerous and brilliant as- 
sembly, delivered an inaugural address, explanatory of the 
principles on which the government would be conducted 
during his presidency. The paragraph which excited most 
interest on this occasion, was in the following terms : " The 
recent demonstrations of public opinion inscribes on the list 
of executive duties, in characters too legible to be over- 
looked, the task of REFORM, which will require particu- 
larly the correction of abuses that have brought the patron- 
age of the federal government into conflict with the freedom 
of elections, and the counteraction of those causes which 
liave disturbed the rightful course of appointment, and have 
placed or continued power in unfaithful or incompetent 
hands." This paragraph, somewhat enigmatical indeed, 
as applicable to removals and appointments, gave the public 
to expect that a reform would take place only where the in- 
cumbents were unfaithful or incompetent, and that in a man- 
ner that should not prejudice the elective franchise. It was 
little thought that the proper way to prevent the patronage 
of government from coming into conflict with the freedom 
of elections, was for the successful candidate to remove 
from office those who had voted for his rival, for the purpose 



1820. OF THE UNITED STATES. 409 

of making vacancies to be filled with the active instruments 
yf his elevation. 

Hopes and fears were entertained at this period of in- 
tense anxiety, by the holders and expectants of office and 
their friends. The sound part of the community, excluding 
those classes, expected that the government would be ad- 
ministered upon principles which had carried it along in 
safety forty years, unless, indeed, material defects were 
pointed out which required a remedy. 

Tenure of office. The tenure of all offices, the judiciary 
excepted, was lixed by a law of the first congress under the 
constitution, in 1789, to be during the pleasure of the pre- 
sident. The uniform construction of this law, since its en- 
actment, has been, that this is not an arbitrary or capricious 
pleasure, to be exercised in a manner to gratify the personal 
prejudices and partialities of the chief magistrate, or to re- 
ward partisans ; but that it is to be guided by a sound dis- 
cretion for the public good. 

As applicable to the heads of departments, constituting 
by usage a cabinet or council of advice, this construction 
settles, that each president should select those whose gene- 
ral views and policy correspond with his own, without regard 
to those in office under his predecessor. 

In regard to the diplomatic corps, that such should be se- 
lected as would faithfully interpret the views of their own 
government to the courts to which they are sent. Several 
reasons have operated against frequent changes. The addi- 
tional expense ought to be some object to a government en- 
gaged in the important work of retrenchment and reform. 
This, embracing an outfit of $9,000, a double salary from 
the time the new minister receives his appointment, until 
the one recalled reaches his home, and two passages usually 
in a public ship, cannot be estimated short of $20,000 ne- 
cessarily incident to each change. 

The delay which must attend any negotiations that may 
l>e on foot, is another important consideration. A third is, 
that where a minister has rendered himself agreeable to the 
court to which he is sent, his recall is always unpleasant to 
that court. It will take the new minister a considerable 
time, should he ever be able to obtain the same influence 
which his predecessor had. Whatever the pretenses may 
be, the foreign court will soon learn the true reason of the 
change, and will set little value upon a government subject 
to such caprices every four years. 
35 



410 HISTORICAL SKETCHES CXI. XXlV- 

In relation to the great mass of public fuilctionaries, the 
practical construction of the law of 1789 has been, that 
they should hold their offices so long as they continued to 
execute them well, not to be removed except for official mis- 
conduct. The considerations leading to the adoption ot" 
this principle, have been twofold, one relating to the officers 
themselves, the other to the public. 

As a general rule, compensation is graduated in such man- 
ner as to be nothing more than a reasonable reward for the 
^service required. Fortunes are never honestly made by sa- 
laries ; and generally the officer leaves the service with less 
property than he would have acquired in the pursuit of the 
private business which he relinquished. In the greater 
number of instances, it will be impossible for him to resume 
that business, or successfully engage in any other. By the 
operation of the proscribing principle, he finds himself, on a 
change of the presidency, thrown out of employment, often 
with a numerous family, without the means of support, for 
no other reason than that he honestly exercised his right of 
suffrage. Though no legal right is infringed, every one feels 
that great injustice is done to an individual thus circum- 
stanced. 

Public interest is also jeopardized by such a course. The 
principle once settled, that office is held at the nod of the 
superior, no honest, independent, capable man can be ex- 
pected to accept ; the public must then be served by syco- 
phants, devoted to the views of their chief, be they ever 
so corrupt. Under such a regimen, frauds and peculations 
on the treasury, frequent enough at best, must be expected 
to increase. But admitting that honest and capable men 
can be found to accept office under such circumstances, they 
have not experience. This, other things being equal, gives 
a decided preference ; and is all-important, both in the ma- 
nagement of public and private concerns. No prudent indi- 
vidual changes his agent, who manages his affairs well ; 
neither can the government do it with safety. 

Applications for office. At the commencement of Ge- 
neral Jackson's administration, there were a great number 
of officers in the various departments of government, most 
of whom had received their appointments long before the 
accession of Mr. Adams, and who had claims to a continu- 
ance, of the nature which has been stated. On the other 
hand were several thousand applicants for office, from the 
highest to the lowest grade, who had exerted themselves 
with zeal in the late canvass, in favor of the succcssfu' 



1829. OF THE UNITED STATES, 4ii 

candidate, and who had been given to expect a distribution 
of the offices in the gift of the executive, as a reward for 
their services. 

Nominations to the senate. President Adams, agreea- 
ble to what had been the usage on similar occasions, called 
a meeting of the senate, to be held on the fourth of March. 
To this body General Jackson presented a nomination of 
the heads of departments consisting principally of members of 
congress ; this, compared with his address to the legislature 
of Tennessee, and pledge on the occasion, excited some 
surprise. The nomination, however, passed the senate with 
little opposition. The same course was pursued in relation 
to the diplomacy. General Hairison, who had scarcely 
arrived at the place of his destination, as minister 
to Colombia, was superseded by the appointment of Mr. 
Moore, member of congress from Kentucky. The public 
have been informed of no other reason for this change, 
than that the new minister had been a zealous and efficient 
agent in the late election. In the course of the year, the 
ministers to Great Britain, France, and Spain, were changed, 
and all taken from the halls of congress. Their outfits 
amounting to tbirty-six thousand dollars, were taken from 
the treasury without a specific appropriation for the pur- 
pose. A list of about eighty other appointments, em- 
bracing many of the important custom-house offices, and 
mostly made in consequence of removals, v/as also pre- 
sented and confirmed. 

Post office. The change in the head of the post office 
department, was the most exceptionable. Mr. M'Lean had 
been postmaster general about five years, receiving his ap- 
pointment from Mr. Monroe. He found the department in 
a very deranged state, and by a judicious and efficient ma- 
nagement, had raised it to a high standing. Attentive to 
his official duties, he had taken no active part in the late 
canvass, but was supposed to be favorable to General Jack- 
son's election. He had given the new administration to 
understand that no removals would take place in that de- 
partment while under his control, but for official misconduct. 
This not meeting their views, Mr. M'Lean was transferred to 
the supreme court, to fill the vacancy occasioned by the death 
of Judge Trimble, and which had been kept in reservation by 
the senate, and Mr. Barry appointed his successor. In the 
course of the year a general change of assistants and clerks 
took place in the bureau at Washington, and four hundred 
snd ninety-one removals in the country. Such a changf 



412 IIISTOKICAL SKETOrrS C'H. XXIV, 

could not take place without some derangement in the 
affairs of the office. Of the whole number of hungry ex- 
pectants who were gratified, some, as might have been 
expected, were unworthy. Some peculated upon the public, 
and some on the private property intrusted to the mail. 
The expenses accumulated beyond the revenue of the 
office. 

Appointments during the recess. The senate having 
acted on all the nominations presented to them, closed their 
extra session on the 18th of March. That body having a 
controlling voice in appointments, such a session is deemed 
expedient at the commencement of a new administration, 
to prevent the necessity of executive appointments during 
the recess. That provision in the constitution which au- 
thorizes the president to supply vacancies which might 
happen -vhen the senate was not in session, by temporary 
commissions which should expire at the end of the suc- 
ceeding term, evidently refers to cases of death, resignation* 
and removal from incapacity or misconduct. That the 
president might make vacancies where those reasons did 
not exist, for the purpose of filling them with his friends, 
was a perversion, both of the letter and spirit of the con- 
stitution, entirely unexpected. The changes made during 
the session were but the commencement of a general 
system of proscription. Soon after the adjournment of the 
senate, a great number of vacancies were made, or in the 
language of the constitution, happened, by removal for no 
other cause apparent, or made known to the public, but 
that the incumbent preferred Mr. Adams, and the newly 
appointed officer General Jackson, for the presidency. In 
the newspapers supposed to speak the language of the 
cabinet, the principle was openly avowed, that offices were 
to be the rewards of zeal in the cause of the successful 
candidate. The subject was systemized, and agents desig- 
nated in different sections, to certify the qualifications of 
applicants, among which exertions in the late canvass, were 
the most important. The word reform in the inaugural 
address, was found to be of much more portentous im- 
port than was apprehended ; its practical meaning being 
the removal of the friends of Mr. Adams, to make room 
for those of General Jackson. As a comment on the liberty 
of the press, two printers, who had distinguished themselveip 
in favor of the successful candidate, were rewarded witPi 
lucrative offices at the seat of government, and about forty 
others in different sections. No proofs have^been adduced. 



1829. OF THE UNITED STATES. 413 

and probably none exist, of a specific bargain between the 
candidate and the instruments of his elevation, that office 
should be the reward of their exertions, but the whole 
course of removals and appointments lead to the conclusion 
that such was the expectation. 

The doctrine that the prerogative of appointment and re- 
moval was to be made the instrument of rewards and pu- 
nishments, so novel in the American system, and so de- 
structive of all that is valuable in it, was adopted with great 
caution, and with attempts to justify it in the government 
papers. It was introduced to the people under the fasci- 
nating terms of economy and reform. The example of Jef- 
ferson at the commencement of his administration, was re- 
ferred to in its support. In his inaugural, the president in- 
forms the people, '* that he shall look to the examples of his 
illustrious predecessors, and with veneration to the lights 
that flow from the mind that founded, and the mind that re- 
formed our system," referring to Washington and Jefferson. 
The example of the former was unfortunate for the purpose 
for which it was adduced. Washington had no feelings in 
common with those who adopted this system of proscription. 
He selected his cabinet and the principal officers of govern- 
ment indiscriminately from the two great parties into which 
the United States were then divided, and took the earliest 
opportunity to inform applicants for office, that personal 
considerations would have no influence in selecting public 
servants.* At the accession of Mr. Jefferson, power had 
almost exclusively been in the hands of the party called fe- 
deralists twelve years, their opponents denominated republi- 
cans, always nearly equal in numbers, had then become the 
majority. Mr. Jefferson announced a determination to re- 
store an equilibrium in the distribution of office, among the 
two great political parties so soon as it could be done con- 
sistently with the public interest. The present was an en- 
tirely different case. Adams and Jackson were of the same 
party. Both had supported the administrations of Mr. 
Adams' predecessors, and sustained distinguished offices 
under them. Neither they nor their friends were divided 
on any important political topics. The question was a mere 
personal one, to wit, which of the two candidates was the 
most competent to discharge the duties of chief magistrate 
of the union 1 A question on which men might honestly 



* Marshall's life of Washington. 

35* 



414 HISTORICAL SKETCHES C'll, XXIV. 

entertain different opinions, and on which it was desirable? 
that public officers as well as all other citizens might freely 
act, without fear of disfranchisement, or expulsion from 
office. 

Some instances of fraud and peculation which had es- 
caped the vigilance of Mr. Adams' administration being 
found, were brought forward and placed in a prominent 
view. These were made use of, not only to justify removals 
in those cases, but in others, where there was no such impu- 
tation. From these instances, an attempt was made to 
impress a belief on the public that there was much corruption, 
and a general remissness in the management of the concerns 
of the nation. 

Virginia convention. The constitution of Virginia, the 
oldest of the union, was formed in 1776, a short time before 
the declaration of independence. Made to suit the wants oi' 
a small population on the east of the Allegany, many of its 
provisions were ill adapted to the exigencies of the state in 
1829, extending from the Atlantic to the Ohio. One of its 
most exceptionable articles confined the right of suffrage to 
land-holders. At the session of the legislature in 182S, a 
resolution passed making provision for taking the suffrages 
of the people, on the question of calling a convention to re- 
vise the constitution. On collecting the votes, there ap- 
peared a small majority in favor of the measure, and at the 
next session, provision was made for holding the convention 
on the first Monday in October, 1829. 

The blue ridge, a branch of the Allegany mountain, divides 
the state into eastern and western sections, having different 
views and interests, each were anxious to be represented 
by their ablest men in the convention. The people seem to 
have laid aside all prejudice and party feeling, except what 
arose from this sectional division, and united in selecting 
their most talented citizens. Ex-presidents Madison and 
Monroe, Chief Justice Marshall, Governor Giles, two of their 
former governors, and most of their distinguished member.^ 
of congress were elected. The convention exhibited an as- 
semblage of character and talent rarely to be found. 

The great point on which the convention were nearly 
equally divided, and which occasioned a protracted discus- 
sion, was the basis of apportioning the legislature. The 
eastern section claimed that the ratio should be fixed on the 
white population, and taxation combined ; the western thai 
it should be apportioned on the white population alone. 
The former principle would give the slaves a great effect in 



1830. OF THE UNITED STATES, 415 

fixing the number of representatives, and preserve the as- 
cendency in the east. The latter was calculated to give a 
preponderating influence to the west. In that event the 
east were apprehensive, that the west having the power in 
their own hands, would unreasonably tax the slave holding 
part of the state, and engage in extensive systems of internal 
improvement, exclusively for their benefit. An arduous dis- 
cussion of nearly three months terminated in a compromise 
by which a given number of members were apportioned to 
each section, without conforming precisely to either princi- 
ple. The whole number of representatives was fixed at 
134, of which 78 were east, and 56 west of the blue ridge. 
The senate was to consist of 32 members, 19 in the eastern, 
and 13 in the western section, with power in the legislature 
to reapportion them at the end of every ten years. 

Another point which occasioned much discussion was, 
the extension and limitation of the right of suffrage. It 
was finally made to embrace all heads of families paying 
taxes to the state, and all persons possessing a small freehold. 
These subjects bemg disposed of, little difficulty was found 
in arranging the others . The governor, judges of the higher 
courts, and other principal officers were to be chosen by 
joint ballot, of both houses of assembly. The tenure of the 
governor's office was three years, and not eligible for the 
succeeding term, that of the judges during good behaviour, 
subject to removal on application of two thirds of both 
branches of the legislature. All laws were to originate in 
the house of representatives. The votes on the final ques- 
tion on the adoption of the constitution were, ayes 55, noes 
40. It was then submitted to the people, and accepted by a 
considerable majority. 

Meeting of the 21st Congress. The president's message 
at the opening of the first session of the twenty-first con- 
gress, December 7th, 1829, was an able state paper of great 
length, delineating the general policy of the administration, 
and containing a correct and pleasing view of the domestic 
and foreign concerns of the nation. It was sought with 
great avidity, and conveyed from Washington to the re- 
motest parts of the union, with the unusual speed of from 
ten to twenty miles an hour. It reached Boston, 436 miles 
from the place of delivery, in 31 hours. 

Measures recommended. The prominent measures re- 
commended, were, 

An amendment of the constitution, on the subject of 
choosing a president, in such a manner that it may be done 



41() HISTORICAL SKETCHES CII. XXIV. 

by the people without the intervention of electors ; and that 
he should be ineligible for a second term : 

A review and alteration of the judiciary law, in such man- 
ner as to extend the circuit court to all the states. As 
this would increase the number of judges of tlie supreme 
court to an extent beyond what is proper, the novel and ex- 
traordinary expedient is proposed of dividing the court into 
two equal sections, each to hold alternately a session of the 
supreme court at the seat of government, the chief justice 
always presiding : 

On the subject of the navy, a discontinuance of building 
ships of the larger classes, and instead thereof an accumu- 
lation of materials, prepared in such manner that they might 
readily be put together in case of war : 

A gradual reduction of duties on such articles as are of 
general consmption, and not the production of the country. 

Retrencliment. On the subject of retrenchment, a gene- 
ral and minute inquiry into the condition of the government, 
with a view to ascertain what offices can be dispensed with, 
and what expenses retrenched. Without designating any 
particular subjects of retrenchment, and leaving to con- 
gress to discover, if in their power, what useless officers the 
executive had kept in its employment, the president re- 
commends a new organization of the department of state 
in a manner which will necessarily increase its expenditure ; 
and the establishment of a new department to be denomi- 
nated a law department, on the same footing in relation to 
salary, clerks, and appendages, as the others, increasing the 
expenses of the cabinet alone to the extent at least of 
twenty thousand dollars. 

Tariff. In relation to the tariff, the message recognizes 
the power of congTess to lay protecting duties, and states, 
" tliat its operation thus far has not been so injurious to com- 
merce and agriculture, or beneficial to manufactures, as was 
anticipated. That importations of foreign goods had not 
been sensibly diminished ; and that a domestic competition 
had produced a supply beyond the demand for home con- 
sumption, and a consequent diminution of price. 

Internal Improvements. On the subject of internal im- 
provements, the message is inexplicit. It speaks well of 
the subject in general terms ; but seems to think that insur- 
mountable difficulties exist in making appropriations to par- 
ticular objects, not however expressly denying the power of 
government to do it. It then proposes to distribute the 
hurplus revenue, after the extinguishment of the public debt, 



1830. OF THE UNITED STATES. 417 

to the states, according- to the ratio of representation ; 
doubting however whether this power is strictly within the 
letter of the constitution, he recommends having recourse 
to another amendment conferring the power. Speaking of 
that instrument, he says, " the scheme has worked well," 
urges the necessity of keeping within its limits, and warns 
congress against all encroachments upon the legitimate 
sphere of state sovereignty. 

Indians. In relation to the Indians, the message, after 
professing great regard for their destinies, denies the power 
of the general government to protect them from the op- 
pression of state sovereignties, condemns the policy which 
has been heretofore adopted towards them, abandons them 
to the mercies of the state legislatures, within whose char- 
tered limits their lands are situated, and recommends a pro- 
vision for their retreat to the west. 

Removals. The message recognizes the principle of re- 
movals which had been adopted by the executive, and at- 
tempts to justify it in the following terms : — "Men cannot 
for any great length of time enjoy office and power without 
being under the influence of feelings unfavorable to a faith- 
ful discharge of their public duties. Corruption in some, 
and a perversion of correct feelings and principles in others, 
divert government from its legitimate ends and make it an 
engine for the support of the few at the expense of the 
many. Its offices are created solely for the benefit of the 
people. No one man has any more intrinsic right to official 
station than another. No individual wrong is done by re- 
moval, since neither appointment or continuance in office is 
matter of right." 

In the opinion of the president, more is lost by the long- 
continuance of men in office, than is gained by their expe- 
rience. 

Bank. On the subject of the bank, the charter of which 
will expire in 1836, the president remarks, "that the ques- 
tion of its renewal ought to be seasonably disposed of ; that 
its constitutionality and expediency are well questioned by 
a large portion of the community ; and that it is admitted by 
all to have failed in the great end of establishing a uniform 
and sound currency." He recommends as a substitute, a 
national bank, founded upon the credit and revenues of the 
government, and subject to its entire control ; seeing no 
constitutional difficulties in the way of diverting the na- 
uonal revenue from its appropriate objects, to banking ope- 
rations. 



418 HISTORICAL SKETCHES CH. XXIV. 

The message recommended a variety of other measures 
of minor importance. It was received and echoed in the 
administration papers with unbounded applause. By others 
many of its positions were denied, and much of its policy 
questioned. In congress some of the measures were passed 
over in silence, some expressly condemned, and others ap- 
proved by small majorities. 

Mr. Foot's resolution. In the senate, Mr. Foot, of Con- 
necticut, introduced a resolution, which, after undergoing 
an amendment, became the subject of discussion, in the 
following terms : *' That the committee on public lands be 
instructed to inquire and report the quantity of public lands 
remaining unsold, within each state and territory, and whe- 
ther it be expedient to limit, for a certain period, the sales 
of the public lands, to such lands only as have heretofore 
been offered for sale, and are now subject to entry at the 
minimum price ; and also whether the office of surveyor ge- 
neral, and some of the land offices, may not be abolished, 
without detriment to the public interest ; or whether it be 
expedient to adopt measures to hasten the sales, and extend 
more rapidly the surveys of the public lands." As there 
were a hundred millions of acres of the national domain al- 
ready surveyed, remaining unsold, which, at the rate 
of a million of acres a year, the average rate at which 
they had been taken up, would supply the market for 
a century, the mover supposed the surveys might be sus- 
pended, and thereby a considerable retrenchment made 
in the public expenditure, without prejudice to the sales. 
Resolutions, the object of which is to obtain information, 
or to inquire into the expediency of a measure, usually pass 
witii little debate, the proper period of discussion being 
when the committee report something which requires the 
action of congress. One branch of the resolution contem- 
plating measures to hasten the sales, and a majority of the 
committee to whom the subject was to be referred, being 
western members, it was least of all apprehended, that there 
was any thing in the resolution which could excite alarm, 
or jeopardize the interests of the west. But it was viewed 
in a different light, and denounced as a measure of delibe- 
rate hostility, designed to prevent emigration, and check the 
growth of that section of the union. The real, and only 
material objection to a discontinuance of the surveys, was, 
that it might abridge the emigrant in his choice of lands, 
and, in this manner, impede the progress of settlement ; 
?his being perceived, and the measure being obnoxious to 



1B30. OF THE rrsITED STATES. 419 

the western members, a motion was made, by a senator 
from the east, for an indefinite postponement, which pre- 
vailed. This, probably, would have been the result in an 
early stage of the busmess, had not a member from Missouri 
taken occasion to charge upon New England a fixed design 
to prevent the settlement, growth, and influence of the 
west. In a speech protracted through several days, he en-^ 
deavored to support the charge, by argument and historical 
facts. He found an eloquent coadjutor in a member from 
South Carohna, aided by one from New Hampshire. Mr. 
Webster, from Massachusetts, ably seconded by the whole 
representation in the senate from New England, Mr. Wood- 
bury of New Hampshire excepted, repelled the charge, 
with success. From a detailed view of the proceedings of 
congress, in relation to the settlement and protection of the 
west, from the earliest period, in all which New England 
took an active and influential part, Mr. Webster clearly 
showed, that the growth and prosperity of that section had 
ever been a primary object. No feeling of hostility ever 
existed — none, from the nature of things, could exist, be- 
tween the two sections. Few New England men are to be 
found, who have not children, near connections, friends, and 
neighbors, in the west. Their prosperity is dear to those 
whom they have left ; it contributes to the healthful con- 
dition and happiness of the whole. The eloquent senator 
clearly demonstrated, that the member from Missouri very 
much misconceived the policy and views of New England, 
when he supposed that, for the paltry purpose of cheapen- 
ing labor, they were disposed to retain that portion of their 
population among them, who could better their condition by 
emigration. The lather says to his son, the brother to the 
brother, and the neighbor to his less prosperous friend, " Go, 
and your success will always rejoice my heart." 

In conducting this attack on the east, the senator from 
South Carolina, by the aid of his friend from New Hamp- 
shire, collected most of the seditious pamphlets, speeches, 
and newspaper publications, to which the embargo, restric- 
tions, and war measures, from 1807 to 1815, had given rise, 
and endeavored to fasten the odium of them upon the pre- 
sent New England policy. Mr. Webster replied, showing 
the entire injustice of imputing the political heresies and 
sins of the dominant party in New England, twenty years 
ago, to another generation of politicians, of an entirely dif- 
ferent stamp. Bad and seditious as they might be consi- 
dered, when the circumstances to which they owed their 



i20 HISTOHICAL SK^ETCHES OH. XXI^'. 

origin were forgotten, the eloquent senator contended they 
were light as air, compared with the hostile and treasona- 
ble proceedings of South Carolina, in relation to the tariff. 

Latitude of debate. Owing to a decision of the presi- 
dent of the senate, in 1826, that he had not the power to 
call a senator to order, on the ground that his remarks did 
not apply to the subject under consideration, a practice had 
grown up, unprecedented in any other legislative body, of 
making speeches not having any relation to the matter 
on which they were to act. However much this may be 
lamented, as a waste of time, on the present occasion, being 
used in its fullest latitude, it was productive of much good. 

Mr. Barton. Availing himself of this license, the other 
senator of Missouri, the antipode of his colleague, after 
making an apology to the senate contmgent upon his touch- 
ing on the subject of the resolution before them, took a view 
of the conduct of the cabinet in relation to removals and 
appointments, denominatmg them a board of rewards and 
punishments. The fact that the president, with the advice 
of the cabinet, ejected persons from office because they had 
opposed his election to make room for those who had sup- 
ported him, he considered as proved by the whole course of 
executive proceedings. This practice he denounced, as a 
violation of the best principles of the constitution, a per- 
version of executive power, and tending to the destruction 
of all that is valuable in the republic. This he considers as 
the more dangerous, being done under the hypocritical pre- 
tense of reform, and accompanied with repeated cautions 
against the influence of executive patronage. 

Mr. Hayne. Mr. Hayne, of South Carolina, taking ad- 
vantage of the same latitude of debate, advanced a doc- 
trine recently promulgated by the legislature of South Caro- 
lina, couched in the following terms : " In case of a delibe- 
rate, palpable, and dangerous exercise of other powers not 
granted by the said compact, (constitution) the states who 
are parties thereto have the right, and are in duty bound, to 
interpose for arresting the progress of the evil, and for 
maintaining within their respective limits, the authorities, 
rights, and liberties appertaining to them." This doctrine 
he claimed to be not only that of the south, and of the pre^ 
sent cabinet, but also of Jefferson, Madison, and Giles. 
The principle, reduced to practice, simply is, that the legis- 
lature of eacli state must take to itself the right of judging 
when congress in the enactment of a law transcend their 
powers, and finding that they do in a given case, must resist 



i830. OF THE UNITED STATES. 421 

its execution within its limits. The slightest view of the 
history of this republic from its commencement is sufficient 
to show that many important acts of congress have at va- 
rious times been denounced as unconstitutional ; their ope- 
ration must of course, according to the new doctrine, be con- 
fined to the states acceding to them. Admitting the prin- 
ciple, few acts could be passed, but what some of the 
states would deem unconstitutional and would have right to 
resist. Congress, depending on the unanimous assent of 
twenty-four sovereignties for the validity of their laws would 
be powerless. It would seem that a proposition, when strip- 
ped of its disguise, went to reduce the states to the condi- 
tion of the confederacy of 1776, need only to be stated in 
order to be reprobated. The surprise is, that an adminis- 
tration, having at its head a chief who in the year 1814 was 
ready to execute martial law in its severest penalties, upon 
any who dared to complain that the proceedings of the 
general government were unconstitutional, should adopt a 
principle which deprived the constitution of all its energy^ 

Mr. Webster. The introduction of the subject into this 
debate, however foreign from the resolution under conside- 
ration, was a fortunate circumstance, as it gave Mr. Web- 
ster an opportunity to vindicate the constitution from an 
attack that went to destroy all its efficacy. His speech 
upon this occasion, rarely equalled in any assembly, demon- 
strating the utter fallacy of the principle, and its pernicious 
consequences, found its way by means of a hundred thou- 
sand copies into the hands of the people, carrying convic- 
tion to their understandings, and rescuing the constitution 
from a blow calculated to destroy it. 

National domain. The debate on Mr. Foot's resolution 
in the senate, and that in the house of representatives on a 
resolution introduced by Mr. Hunt, of Vermont, to appro- 
priate the avails of the public lands to the states, in propor- 
tion to the ratio of representatives in congress, for the pur- 
poses of education and internal improvement, brought the 
whole subject of the national domain under consideratioUj 
and the policy and views of the different sections of the 
union in relation to it. Its vast, and undefined extent, ex- 
ceeds the wants of the nation for centuries to come. Ad- 
mitting the sale and settlement of new lands to progress at 
the rate it has done for thirty years past, it will not all be 
occupied in less than five hundred years. The expenses of 
purchase, survey, and defense, have as yet exceeded the re- 
ceipts from the sales, so that the national treasury has never 
36 



422 HISTORICAL SKETCHES OH. XXIV, 

been benefited by them. The plan early adopted by con- 
gress was well suited to encourage sale and settlement- 
The lands were laid oiF into townships of six miles square, 
divided into thirty-six sections of one mile each, containing 
six hundred and forty acres ; these again were divided into 
quarters, of half a mile square, containing one hundred and 
sixty acres. By means of land offices conveniently located, 
they were offered for sale upon such terms to actual settlers, 
as would place it in the power of almost any individual to 
obtain a freehold sufficient to support a family. A system 
better calculated to encourage the settlement and growth of 
the west could hardly be devised. A moderate price, a long 
credit, and an opportunity of making a selection from nu- 
merous tracts, were all calculated to invite settlsrs. In ad- 
dition, government have always been lenient, and passed 
numerous laws for the relief of their land debtors when un- 
able to fulfil their contracts. An appropriation of one sec- 
tion in each township is made for the support of schools for 
the use of the inhabitants, and in most of the new states 
one or more townships for the endowment of colleges^ 
Liberal grants have also been made for the purposes of ca- 
nals, and other internal improvements. With all these 
acts before him in the passing of which the New England 
states took a friendly and decided part, the senator from 
Missouri must have been grossly blinded to impute to them 
an unfriendly policy towards the west. 

The claim is, on the part of the new states, that the pub- 
lic lands within their limits should be given up to the states 
in which they are located, either gratuitously, or for a com- 
pensation merely nominal. The principle, indeed, has been 
advanced, that the act of admitting a state into the union, 
and conferring jurisdiction over its territory, is inconsistent 
with retaining ownership of the soil. This course would 
probably throw the lands into the hands of speculators, 
who would enhance the price to settlers. Another plan is em- 
braced in the proposition of Mr. Hunt, and relates merely 
to the disposition of the avails. A third is that of Mr. Foot, 
to suspend further surveys for the present. A fourth, to 
continue the present system of surveys and sales, and to 
appropriate the avails to the general purposes of the go- 
vernment. 

Bank. That portion of the president's message which 
related to the bank of the United States, was referred in the 
house of representatives to the committee of ways and 
means. It appeared extraordinary to them, that this cor- 



8130. FO THE UNITED STATES. 423 

poration, whose period of existence, by its present charter, 
exceeded, by upwards of three years, that of the political 
life of the president, should be threatened with annihilation. 
The only legitimate mode in which the subject could at all 
come under consideration, would be an application on the 
part of the bank for the renewal of its charter. The time of 
making this application, and th-e manner of enforcing it, 
rested altogether with the bank. Any attempt to forestall 
public opinion, any declaration on the part of congress that 
they would or would not grant the application, without hear- 
ing the reasons which the corporation might have to assignj 
or the propositions they might offer, must be in the highest 
!iegree unjust and improper. Much less was it to be expected 
that an executive, who, upon his own principles of rotation, 
could not expect to be in official existence after March, 
1833, should dictate a course to be pursued by his suc- 
cessor, and the congress that might be called to act upon 
the subject after that period. Improper as it was, however. 
It had the effect to reduce the stock ten per cent. Mr. 
M'DufSe, chairman of that committee, presented an able 
and convincing report to the house, showing (in terms in- 
deed highly respectful to the president) that he v/as mis- 
taken in all the material facts relating to the bank ; that he 
was entirely unacquainted with the subject ; that his rea- 
soning was conclusive, and his project of a natfenal bank, 
to be furnished with a capital from the treasury, vv^as in the 
highest degree absurd. The report then proceeded to show, 
from admitted facts, that the bank had faithfully performed 
its duties ; that it had given a sound currency to the coun- 
try ; that its aid in collecting, safe keeping, and transferring 
the public moneys ^rom one section of the country to ano- 
ther, without expense to the treasury, was a great saving, 
and that such an institution was essential to the correct 
management of the national finances. The committee then 
remark, that the refusal to renew this charter, for the pur- 
pose of creating another institution on similar principles, 
was a wanton exercise of power, producing much individual 
embarrassment, without any public good. 

Mr. Smith of Maryland, from the committee of finance in 
the senate, presented a report on the same subject, grounded 
on the same principles, though less minute in its details and 
reasonings. These reports, proceeding from committees, a 
majority of whom were the president's friends, and the 
chairman of each his distinguished supporter, were received 
with surprise, mingled with respect for their independent 



424 HISTORICAL SKETCHES CII. XXl\ 

character. Placing in a conspicuous view the incorrectness 
of the message as relating to the bank, they afforded a 
striking evidence that military fame, and qualification for 
civil trust, are different things ; and that elevation to office 
does not necessarily carry along with it talents adapted to 
the discharge of its duties. The reports were of that clear 
and convincing character, as entirely to dissipate the cloud 
brought over the institution by the message, and to restore 
its stock to its former standing. 

Indians. The subject of the Indians was one of the most 
interesting which engaged the attention of congress, in- 
volving questions which touched the justice and plighted 
faith of the nation. The four tribes of the southwest, the 
Creeks, Cherokees, Chickasaws, and Choctaws, inhabiting 
portions of territory in the states of Georgia, Alabama, 
Mississippi, Tennessee, and North Carolina, according to 
recent calculations, embrace a population of seventy-five 
thousand ; equal in numbers to the white inhabitants in 
some of the small states. From the first discovery and 
settlement of this country, they have been treated as a dis- 
tinct people, possessing certain rights and privileges inde- 
pendent of their white neighbors. Among the most essen- 
tial of these, were the undisturbed occupancy of their soil, 
and the enjoyment of their own laws and customs. From 
the commencement of the government to the close of the 
late administration, the national policy has been, to respect 
their rights of territory and self-government. Treaties have 
been made with them at various times, in which large por- 
tions of their lands have been ceded to the United States, 
the consideration of which has been stipulated sums of 
money, and a solemn guaranty of the territory retained. 
Resting on immemorial possession, and these guaranties., 
the Indians have felt a degree of security in the enjoyment 
of their rights. By the aid of government and several be- 
nevolent private ^institutions, they have been brought to a 
considerable degree of civilization, attended with an in- 
creased attachment to their possessions. They were ra- 
pidly passing from the roving and hunter state to the condi- 
-tion of settled agriculturists. They had determined to part 
with no more of their lands ; and one of the tribes, in- 
creasing in numbers, had formed something like a regular 
system of government. The states took the alarm, and 
passed acts extending their municipal laws and jurisdiction 
over the Indian territory within their limits, and abrogating 
Indian laws and customs. The state of Mississippi placed 



.1Q36. OF THE UNITED STATED?. 425 

them on a footing of their free white inhabitants. The laws 
of Georgia deprive them of their rights as Indians, without 
conferring on them the privilege and protection of citizens. 
Every feature of their enactments is calculated to oppress 
and banish the Indians. In this condition, the affairs of this 
people passed into the hands of the present administration, 
a majority of whom, with their head, were from the states 
interested in their removal. In answer to the supplications 
of the Indians to be protected in the enjoyment of their 
rights, they were told that the government have no power 
to afford them the solicited protection, and that their only 
safety is in the abandonment of their possessions, and a re- 
treat to the west, beyond the states and organized territo- 
ries of the union. This doctrine is repeated to them in 
(several communications, always accompanied with as- 
surances that their great father, the president, has the 
utmost tenderness and regard for his red children. Agents 
are sent among them with instructions to use every persua- 
sion and inducement to enroll for emigration, seconded by 
the laws of Georgia, inflicting the severest penalties on any 
who should discourage such enrollment. As their last hope, 
the Indians sent a respectable delegation to the congress of 
1829-30, to solicit their protection. This application was 
enforced by numerous memorials from citizens of the United 
States, who thought that they saw in this proceeding the 
most flagrant injustce and violation of the public faith. The 
business was referred, of course, in both houses, to their 
respective committees on Indian affairs. Here again the 
unfortunate Indian found himself in the hands of his enemies. 
A majority of both committees were from states interested 
in the Indian lands, and who supported the views of the 
administration regarding them. Their reports adopted the 
new system ; abrogated the rights of the Indians to their 
possessions, and self-government, and sustained the state 
authorities in extending their jurisdiction over them. The 
bill from the committee of the senate, reported by Mr. 
White of Tennessee, provided for the purchase of a region 
beyond the limits of the states, and organized territories, 
and for the transfer of the Indians thereto, with their free 
consent, leaving it to the states within whose limits they 
resided, aided by the agents of the general government, to 
bring about this consent in such manner as they pleased. 
The bill appropriated $500,000 for the commencement of 
the operation. Mr. Frelinghuysen of New Jersey, progosed 
an amendment providing for the protection of those who 
36' 



426 HISTORICAL SKETCHES CH. XXIV, 

chose to remain in the enjoyment of their rights and privi- 
leges. After a debate, in which the rights of this unfortu- 
nate race were ably supported, the amendment was nega- 
tived, and the bill passed. 

In the course of the discussion in the house of repre- 
sentatives, Mr. Hemphill of Pennsylvania, offered as an 
amendment, a substitute for the bill, providing that the pre- 
sident, with the consent of the senate, should appoint three 
commissioners from the states having no direct interest in 
the removal of the Indians, who should repair to the several 
tribes in the south, and ascertain from them, whether any 
or all of them, were willing to exchange their lands for 
others west of the Mississippi. That they should visit the 
country proposed to be exchanged, and ascertain its fitness 
for their support ; and that they should make an estimate 
of the expense of effecting the exchange and removal on 
equitable terms. The house refused to consider these pro- 
positions, and passed the bill as it came from the senate, 
with some immaterial alterations, by a small majority. The 
expense, attending this measure, consisting of a fair equi- 
valent for the possessions, and improvements of the Indians 
^ast of the Mississippi, their removal to the base of the 
rocky mountains, a distance of nearly a thousand miles, 
their support until they can subsist on' their new lands, and 
the maintenance of an adequate military force to protect 
them against hostilities from their new neighbors, was 
variously estimated from twenty to fifty millions of dollars. 
This, however, was considered in the debate, as of minor 
consequence, compared with the principle involved in the 
question. 

Proclamation of the governor of Georgia. On the 3d 
of June the governor of Georgia issued a proclamation, de- 
daring the laws of the state in force over the Indian terri- 
tory, and threatening with their penalties, all who should 
violate their provisions. This proclamation was accom- 
panied by another of the same date, declaring the fee simple 
to all the Indian lands, and the exclusive property to the 
gold and silver therein, to be vested in the state of Georgia, 
and warning all persons, " Indian occupants as well as 
others from trespassing thereon, and especially from taking 
any gold or silver from lands included within the territory 
occupied by the Cherokee Indians." These proceedings 
leave no doubt, but that every measure, short of the bayo- 
net, will be resorted to, to drive the Indians from their ter- 
iitory. They have, however, the consolation to reflect that 



1830. OP THE UNITED STATES. 4"27 

their rig-hts may be brought to a cooi, deliberate, and im- 
partial decision, before the supreme court of the United 
States. Any act of an American citizen, infringing on the 
property or rights of the Indians, as secured to them by 
treaty, creates a case for the ultimate decision of that tri- 
bunal ; and from the apparent determined spirit of the Che- 
rokees, there is little doubt but that such a case will be 
made. That nation have already engaged Mr. Wirt, late 
attorney general of the United states, to advocate their 
cause before the supreme court. To a letter to the execu- 
tive of Georgia, giving him the information, and containing 
an elaborate argument in favor of the rights of that nation, 
the governor replied, that so long as he kept without the 
jurisdiction of that state, he was safe ; implying that if he 
came within it to advocate the cause of his clients, he 
might be subject to imprisonment in their penitentiary, by 
virtue of their late acts relating to the Indians. 

Bill for the collection of duties. In the house of repre- 
sentatives, Mr. Mallary introduced a bill to provide for the 
more efficient collection of the revenue, the object of which 
was to guard against some gross frauds which had been 
practiced in evading the tariff of 1823. Mr. M'Duffie, who 
had been defeated in a direct motion to repeal the law, pro- 
posed as an amendment to this bill, an abolition of the 
tariff, apprehending that the most effectual way of guard- 
ing against fraud in the collection, was to take off the du- 
ties. On this amendment, the protecting system was again 
brought under consideration, fully discussed, and sustained, 
by rejecting the amendment. Ayes 62, noes 112. In aid 
of Mr. M'Duffie, Mr. Cambreleng of New York, from the 
committee of commerce, introduced a report, condemning 
in strong terms, the tariff, and embracing the southern doc- 
trines in full, on the protecting system. Mr. Mallary's bill 
passed ; ayes 127, noes 41. The result of these discus- 
sions rendered it certain that the protecting system would 
not be abandoned by this congress ; and its friends confi- 
dently believed, that before another election a domestic 
competition will so reduce the price of the protected arti- 
cles, as to remove all objection to the principle. 

Removals. In the senate, most of the appointments 
made during the recess, were withheld for some time, wait- 
ing the arrival of two or three absent members. On a 
motion of Mr. Holmes of Maine, to request of the presi- 
dent information as to the causes of removal, the subject of 
making use of the appointing power, as an instrument of 



428 HISTORICAL SKETCHES CH. XXIV. 

rewarding the friends, and punishing the opponents of the 
existing administration, was discussed in all its bearings, 
and its odious and disgusting features, placed in a conspicu- 
ous point of view. The degraded beings who would accept 
of office on the terms of surrendering their elective fran- 
chise, the advocates of Mr. Holmes' motion considered as 
wholly unfit for the public service. 

The friends of the administration, without admitting that 
the practice had been carried to the extent claimed by their 
opponents, avowed the principle, and contended that it was 
proper for the president to call into service, men who would 
support his measures. They claimed, that the tenure of 
office being fixed by law, to be during the pleasure of the 
president, the senate had no controlling power in relation to 
removals, and could not compel the re-instatement of an 
officer, in their opinion improperly removed. That their 
only legitimate inquiry, on a nomination being presented 
to them, was the fitness of the candidate for the office. That 
the executive was an independent and co-ordinate branch 
of the government, not subject to the control of the others, 
and amenable only to the people, for the due exercise of the 
high and important prerogative of appointment and remo- 
val. 

Mr. Holme's resolution was negatived. No reasons were 
assigned by the administration or its friends fbr the removals, 
leaving the question at issue before the American people, in 
the exercise of their elective privilege, whether they will 
sanction the prostitution of this power to the purposes of 
executive patronage. The precise number of removals did 
not appear in the course of the debate ; but it was stated, 
without contradiction, that it exceeded in the course of one 
year, of the present administration, that of the forty pre- 
ceding years. Most of the nominations were confirmed by 
small majorities. The case of the three printers labored 
under peculiar difficulties. In addition to the objections ap- 
plicable to other cases, this was so obviously a means of 
purchasing the press, the great engine of political power in 
the United States, that a majority of the senate could not 
be brought to sanction it. Two were rejected, and the 
other passed by the casting vote of the vice president. One 
of the rejected ones being afterwards renominated under 
more favorable auspices, was confirmed. The legislature 
of the state to which the other belonged, in a moment of ex- 
ntement, elected him to the geiiate of the United States, 



1830. OF THE UNITED STATES. 429 

thereby in appearance at least, sanctioning the new princi- 
ple of executive patronage. 

The case of Major Barney, naval officer of the port of 
Baltimore, excited much interest. He was the son of Com- 
modore Barney, and fought by the side of his father at the 
battle of Bladensburgh, in August, 1814, in defense of the 
city of Washington ; and distinguished himself in the de- 
fense of Baltimore, in the succeeding September. He had 
enjoyed the office for a considerable period, faithfully per- 
formed its duties, and was entirely dependent on its emolu- 
ments for the support of a numerous family. His removal 
was for no other apparent cause, bnt to make room for Mr. 
Carr, editor of the Baltimore Republican, a partizan news- 
paper in the late canvass. It drew from the pen of Mrs. 
Barney, a daughter of the late judge Chase, a severe and 
animated address to the president, which did honor to the 
talents of her sex, and interested them in behalf of the pro- 
scribed officers. Mr, Carr's nomination passed the senate 
by a majority of one vote. 

Retrenchment. Much was expected from the committee 
on retrenchment, appointed at the commencement of the 
session. The public had been made to believe that there 
were many sinecure offices created or continued by the late 
administration that ought to be abolished. The committee 
on this subject, in the latter days of Mr. Adams, reported 
that there were many offices of this description, but were 
not able to point them out for want of the co-operation of 
the cabinet, and expressed a full belief that when they could 
avail themselves of such co-operation, much might be done 
to reduce the government expenditures. The present com- 
mittee, consisting of some of the same members, and with 
the same views, entered on the subject in earnest, depend- 
ing on the zealous co-operation of a reforming administration. 
Unfortunately for the issue of their researches, they found 
no salaries in the numerous offices attached to the executive 
departments, to be reduced or dispensed with. Within the 
halls of congress they found nothing subject to their pruning 
knife, except a draughtsman, who had been employed by the 
speaker, in consequence of a resolution of the house several 
years ago, directing him to procure maps and charts for the 
use of congress. His services, they thought might be dis- 
pensed with, and reported a discontinuance of the office. 
This occasioned a debate, at intervals, of several weeks ; at 
length it was discovered that such drafts were necessary, 
and that this was the most economical mode of procuring 



130 HISTORICAL SKETCHES CH. XXIV. 

them, and the office was continued. Nice calculators esti- 
mate the expenses of this debate equal to a ten years salary of 
the officer. The abortive labors of a reforming administra- 
tion and two committees of retrenchment, satisfied the peo- 
ple that whoever might govern, they must pay : that a new 
set of hungry officers were at least as avaricious as the old ; 
and that when the watchwords economy and reform had 
done their office in deceiving the people they would go into 
disuse. 

Veto. A bill having passed both houses, authorizing a 
subscription to the stock of the Maysville turnpike road, in 
Kentucky, on being presented to the president for his sig- 
nature, was returned with a document of great length as- 
signing his reasons for not approving it. After stating the 
great importance of internal improvements, and the presi- 
dent's zeal to promote the object, the document conclude? 
with the opinion that no money is to be drawn from the 
treasury for that purpose until the public debt is wholly extin- 
guished; and not then without an amendment of the consti- 
tution, authorizing the collection of a surplus revenue, and a 
distribution of it among the states in proportion to their re- 
presentation in'congress. Two other bills of the same na- 
ture were returned without his signature, referring to this 
document for the reasons. The veto, as it was termed, oc- 
casioned a stormy debate in the house of representatives, at 
the close of the session, which terminated in a rejection of 
the bill for the want of a constitutional majority. The prin- 
ciple relating to internal improvements was fully discussed, 
and was supposed to be settled in the congress of 1823-4, by 
the passage of an act making a liberal provision for surveys. 
Since that time, several important works have received aid 
from the public treasury, which must have failed without it. 
Several are in an unfinished state, commenced under a well 
grounded expectation of receiving assistance from the go- 
vernment, which must be abandoned if denied the expected 
aid. The principles adopted by the president on the 
Maysville road bill are at variance with the act of April, 1824, 
with General Jackson's own votes on the subject in the 
senate, and with the opinions of every branch of the govern- 
ment since. They go as well against the improvement of 
harbors and river navigation, as against roads and canals. 
The whole system to which the friends of internal improve- 
ment have looked for the rapid increase of the wealth and 
population of the country, and the multiplication of its con- 
veniences and resources, is prostrated. The veto is so con- 



1830. or THE UNITED STATES. iSi 

sidered by the opponents of the system, and hailed as one 
of the most important measures of the administiation, and 
as they term it, capping the climax of the whole. 

Its effects on the west. No measure more hostile to the 
interests of the west could be devised. One of the princi- 
pal difficulties incident to a new country, is the want of con- 
venient channels of communication. These, on an extensive 
scale, require the aid of the general government. Indivi- 
dual enterprise or state funds cannot be expected to accom- 
plish them. It is the only mode in which the west can be 
benefited by the expenditure of the public moneys. Hither- 
to the great mass of the public treasure has been expended 
in the Atlantic states, and for objects more immediately 
beneficial to them. On the plan of internal improvements- 
the west were beginning to be benefited, and probably in the 
end would receive their full share. The principles advanced 
in the Maysville document, carried to their extent, are cal- 
culated to retard improvements in the west, half a century. 

The notion that the moneys of the United States, destined 
to objects of internal improvements, are to be distributed to 
the several states in the ratio of representation, to be ex- 
pended under the authority of their legislatures, and within 
their respective limits, is so inconsistent with any rational 
scheme, that it has been considered rather as a finesse to 
get rid of the whole subject. Two considerations are suffi- 
cient to show the futility of the project. A channel of com- 
munication, whether by land or water, to be of any public 
convenience must be continuous, and in most cases pass 
through more than one state. It is not to be expected that 
several states, having different views and interests, will unite 
in the same operation. The other is, that the states need- 
ing the most, will probably draw the least money. Indiana 
and Illinois, for instance, requiring heavy expenditures to 
connect the navigation of the lakes with the Mississippi, 
will draw but a small portion of the funds. 

The veto, in unision with the opening message, recom« 
mends an appeal to to the people for an amendment of the 
constitution, authorizing internal improvements, and de- 
fining and restricting the manner in which the power should 
be exercised. The slightest observation of the difficulties 
attending propositions tc amend the constitution in times 
past, is sufficient to show that to be a hopeless project, and 
the subject may as well be entirely abandoned, as placed 
upon the event of such a contingency. Two important bills, 
on« making an appropriation for light-houses, and the im> 



132 JIISTORICAL SKETCHES CH. XX1\ , 

provement of harbors and river navigation, the other autho- 
rizing a subscription in aid of the canal around the falls of 
the Ohio, were retained by the president until after the ad- 
journment of congress, and thereby prevented from becom- 
ing laws ; and another sent back approved by the president, 
accompanied with a message explanatory of its meaning. 

After an interesting session of six months, congress rose 
on the 31st of May. Few acts of public importance were 
passed. The most material were, the act relating to the 
Indians ; Mr. Mallary's bill for the more effectual collection 
of the revenues ; several acts reducing the duties on tea. 
coffee, cocoa, salt, and molasses. The session was interest- 
ing, not for the number or importance of the laws enacted, 
but for the discussions which took place, and the princi- 
ples of the administration which were developed. 

Duel. A duel having taken place in the course of the 
winter, between Hunter, a midshipman, and Mr. Miller, a 
citizen of Philadelphia, in which the latter was slain, and 
the fact being made known to the navy department, the 
president, with great promptness, and much to the satisfac- 
tion of the public, ordered Hunter, and three other officers 
concerned with him in the transaction, to be immediately 
discharged from the service. 

New principles of American policy. In a government 
constituted like that of the United States, party distinctions 
must always be expected. The holders of offices cannot 
retain them for any long period, against the numerous as- 
pirants, unless they can induce a belief that they are ex- 
clusively the friends of the people, and are pursuing a 
course of measures for their good, which their opponents 
are endeavoring to counteract ; while they, on the other 
hand, with equally patriotic and disinterested views, are 
laboring to establish a different opinion. The contest be- 
tween Adams and Jackson, and their friends, at first merely 
personal, has latterly assumed something of a distinctive po- 
litical character. The administration, claiming to be exclu- 
sively the advocates of state rights, maintaining that the gene- 
ral government, in the exercise of its powers, is to be con- 
fined within the strict letter of the constitution ;* that the 
state legislatures have right to judge when congress exceed 
their powers, and judging that they do in a given instance, 
to prevent the execution of such law within their limits. f 



' Message, t Hajties' speech. 



1830. OF THE UNITED STATES* 433 

That congress have no power to raise or disburse money 
for the object of internal improvements,* and no power to 
)ay duties for the purpose of protecting domestic industry if 

That the general government have no power to protect the 
Indians in the enjoyment of the rights secured to them by 
treaty, against the encroachment of the state authorities. |: 

It is not intended that every individual of the adminis- 
fration, or of the public who support it, maintain all these 
principles, but they are the general leading characteristics 
of the party. 

Jefferson dinner. Names are of great value in support 
of doubtful or disputed principles, often perhaps of more 
real efficacy than argument. That of Thomas Jefferson has 
been resorted to on the present occasion. By a recurrence 
to his family records, it was found that the birthday of that 
deceased patriot, happened on the 13th of April, 1743. 
Eighty-seven years afterwards, on the recurrence of the 
same day in 1830, a splendid fete was held at the city of 
Washington, at which the president, heads of departments, 
members of congress, and numerous other gentlemen of 
character and talents, supporters of the administration, at- 
tended. The foregoing principles and sentiments were ad- 
vanced and advocated in the toasts and speeches on this oc- 
casion, and the authority of the man, whose birthday they 
celebrated, brought to their support. The Pennsylvania de- 
legation, the warm advocates of General Jackson, and sup» 
porters of the measures of his administration, to the extent 
which their principles would admit, learning that senti- 
ments were to be advanced contrary to their views of na- 
tional policy, on the subject of internal improvements, and 
the protecting system, absented themselves. . 

The former system. The other party, to which the title 
of national republican is sometimes, though not permanently 
attached, maintain. 

That congress, the executive, and judiciary, in the exer- 
cise of their respective functions, must necessarily judge of 
the extent of their own powers, subject only to the control 
of the people in the exercise of their elective privilege, pre- 
cisely on the same principles that a private agent must judge 
of the extent of his authority, subject to the control of his 
constituents : 



* President's veto, t Toasta of 13th April, 
t Reports of committees on Indian aft'airs. 

37 



134 HISTORICAL SKETCHES CII. XXIV, 

That no principle in the American system warrants the 
agents, appointed to administer the state governments, to 
exercise a control over that of the United States : 

That a fair construction of the constitution authorizes a 
rational system of internal improvements, and the establish- 
ment of a tariff for the protection of domestic industry ; 

That the general government have power to compel the 
observance of treaties made under their authority, and pro- 
tect the Indians in the enjoyment of the privileges hereto- 
fore guarantied to them. 

To this party their opponents endeavor to fix the title of 
consolidationists, ascribing to them a plan of concentrating 
all power in the hands of the general government ; annihi- 
lating the state authorities, and reducing them to the condi- 
tion of mere subordinate corporations. 

To the other is ascribed a principle which goes to the de- 
struction of all power in the general government, and to re^ 
duce the union to the broken and disjointed condition of the 
)ld confederacy. And 

The question is fairly at issue before the American people* 



9F THE UNITED STATES. 435 



CONCLUSION. 



American system of education compared with European— Common schools- 
Academies— Colleges— Their number, and annual number of graduates- 
Motives to exertion — Display of American talent — Annual executive mes- 
sages and documents— Diplomacy. 

System of American education. In a government like 
that of the United States., based upon the virtue and intelli- 
gence of the people, the means and the progress of intellec- 
tual improvement form an important portion of its history. 
In monarchies, the leading object has been to keep the peo- 
ple in ignorance, on the ground that the less informed they 
are, the more easily they may be governed ; and of conse- 
quence, very little importance has been attached to the gene- 
ral diffusion of knowledge. The governments of Europe 
being bottomed upon the principle of distinct orders, their 
schemes of education are calculated to enlarge and perpe^ 
tuate this distinction. Hence a few richly endowed univer- 
sities, where a seven years' residence is requisite, and every 
facility afforded, for the highest literary attainments. The 
expenses of an education at them are such that none but the 
rich can enjoy its benefits. Either no provision at all, or 
a very inadequate one is made for the instruction of the 
common peoplCo A directly opposite course has been pur- 
sued in the United States. The general government wisely 
leaves the subject of education to the state authorities, 
merely providing a military school, as a means of defense, 
to qualify a few youth for military service. The object of 
the state governments has been to diffuse an adequate por- 
tion of knowledge among all their citizens. For this pur- 
pose, measures have been taken to afford the children of the 
poor an opportunity of learning to read and write, and the 
elementary use of figures, without expense to their parents. 
Next are academies, at which the citizen of moderate wealth 
can give his children an education superior to what is at- 
tainable at the primary schools, and sufficient for the ordi- 
nary purposes of business. 

Colleges. The highest grade of education, for whicli 
provision is made in the United States, is that which is ob- 



436 HISTORICAL SKETCHES 

tainable by a four years residence at one of the colleges 
Of these, the whole number in 1829 was 43 averaging- 
twenty three graduates each, or 989 in the whole, yearly.'* 
The expense of an education at one of these institutions 
is from one to two thousand dollars, and within the means 
of a great portion of the citizens. Their object is to qualify 
the student for professional business. The colleges are but 
partially endowed, and their funds are inadequate to render 
a public education what it ouglit to be. For the perfection 
of any art, a division of labor is necessary ; and in none 
more so than that of instruction. To render a college in- 
stitution useful and respectable, a number of pofessors in 
the various branches of literature are necessary, as is also 
an extensive library, museum, and laboratory, which require 
funds much beyond what is proper to be demanded of the 
students, and render public patronage essential to the bene- 
ficial purposes of educution. Where there are rival insti- 
tutions in the same state, this patronage is divided, and le- 
gislative bounty bestowed in so sparing a manner, as in 
some measure to defeat the object. Two causes have ope- 
rated to produce a multiplication of colleges. Each state 
is ambitious of having at least one, and each religious de- 
nomination is anxious to have as many as may be, under its 
peculiar control. Though institutions for mere literary pur- 
poses ought not to partake of a sectarian character, yet with 
the freedom of opinion, and zeal for proselytism existing in 
the United States, this disposition will always be found, 
and will have the effect to multiply colleges. 

Motives to exertion. After all the disadvantages under 
which the American system labors, for high literary attain- 
ments, the genius and talents of the country have appeared 
in a manner that will bear a comparison with those of older 
nations. Many considerations may be put in the opposite 
scale. The facility with which a public education is ac- 
quired has called forth talents of the first order, which oth- 
erwise would have been unnoticed, in the walks of private 
life. In a country where there is no distinction of orders, 
and where every one must rise by his own merits, the mo- 
tives to exertion are all powerful. The field, likewise, is 
extensive and varied. First, in the primary assemblies of 
the people, where subjects of deep interest to these commu- 



Misslonary Herald, July, l$29c 



OP THE UNITED STATES. 43" 



Sixties are to be discussed ; next, in the state legislatures, 
Tvhere all municipal laws are to be passed, and subjects of 
great concern to the states come under consideration ; and 
lastly, m the halls of congress ; no field can be found 
equal to the latter, m the inducements it affords to call 
talent into exercise. A thousand newspapers are ready 
to convey the speeches of the distinguished orator to 
all parts of the union. He speaks in the presence of the 
collected wisdom of the nation. His merits are thus 
2Tiade known to an intelligent community, and by them es> 
timated, and placed to his credit. On a character thus ac- 
quired, he IS to take his rank in society ; and if, by any 
accident, he gets into a situation to which his talents are 
not adapted, the people see it, and he becomes disgraced. 
The extraordinary latitude of debate allowed in congress, 
by general consent, is highly favorable to the display of 
talent. Many of the speeches delivered in the halls of con-^ 
gress, will not suffer by a comparison with the parliamentary 
tiebates of any modern period, and want nothing but the 
sanction of age, to place them in the same rank with the 
most distingTiished ones of antiquity. 

Insta^nces of American talent. Considered as an effort 
<>{ the human mmd, the production of the American system 
of government, is unequaled, and elevates its framers above 
the law-givers of ancient or modem times. Turning from 
l^uropean systems, founded in violence or corruption, and 
taking into view the wants, feelings, and wishes of their 
country, they struck out a new plan, adapted to its condi- 
tion. 

Annual messages and documents. That clause in the 
constitution, which requires of the president to ffive ^'to 
congress information of the state of the Union," has pro- 
duced a series of messages, at the opening of the sessions, 
which, as well for correctness of style, as for importance of 
matter, are unequaled in the communications between tho 
executive and legislative branches of any government^ 
While European monarchs content themselves with a few 
general, commonplace remarks, made in the style of master 
to servant, to their legislative bodies, the American presi- 
dents go into an interesting detail of all the important affairs 
of the nation. The reports of the executive departments, 
accompanying the messages, as business papers, containing 
a mmute statement of the affairs of their respective bureaus 
torm a striking contrast with the short and unsatisfactory 
statements of the same nature in other governments. 
37* 



438 HISTORICAL SKETCHES, ETC. 

Diplomactj. In diplomacy, it might be expected, that a 
knowledge of the arts and intrigues of foreign courts, and 
of the means by which negotiations are effected, which Eu- 
ropean ministers are enabled to bring into the field, would 
be an over-match for the simplicity of republicanism. In 
these contests, more than in any other, the genius and ta- 
lents of the country are displayed. The secretaries whf' 
have the direction of foreign affairs, and the ministers se- 
lected to conduct negotiations, under their orders, are usu- 
ally designated by the executive, upon the principle of call- 
ing into action the best talents of the nation. From the 
days of Franklin's first appearance at the court of France. 
in Quaker style, with a cargo of tobacco for an outfit, to the 
present period, America has nothing to be ashamed of, in 
the management of her diplomatic concerns. Her minis- 
ters, though met by the most astute negotiators in Europe, 
have maintained a high standing. The European war, com- 
mencing nearly at the same time with the government un- 
der the constitution, gave rise to many interesting ques- 
tions of national law. A succession of negotiators, on the 
part of the United States, have defended their rights with 
distinguished ability. In the diplomatic controversy with 
Great Britain, which terminated in the late war, the Ame- 
rican state papers evidently bear marks of superior talent. 
A dispute of twenty years length, with Spain, was managed 
by a succession of diplomatists, able, at every point, to meet 
their opponents. The clearness and energy with which the 
existing claims against France have been enforced and re- 
iterated by Mr. Gallatin, though without success, have done 
high honor to the country. Though the negotiator was not 
a native citizen, his talents are none the less the property of 
the nation who has adopted him. On a fair comparison, the 
state papers which have emanated from the various nego- 
tiations in which the United States have been engaged, will 
give the palm to their ministers. 



THE END, 



INDEX. 

\dams and Jefferson, death of, 343. Characters, 344. 
Mourning for, 345. Difference of opinion relating to 
government, 351. Heads of parties, 352. 

Adams, J. Q,., secretary of state, 84. 4th of July address, 
226. Reply to Furstonwether, 173. Elected president, 
287. Inaugural, 287. 1st message, 330. Policy respect* 
ing appointments, 288. Commencement of his adminis- 
tration, 326. Opposition to, 326. Defense of, 227. 
Charges against, 400. Reply to, 401. Close of, 402. 
Character of, 405. 

Algiers, description of, 16. Piracies of, 17. Claims of the 
dey of, 18. War with, 20. Capture of vessels of, 21. 
Negotiations and treaty with, 22. War of, with England. 
27. Exmouth's expedition to, 28. Conquest of, by 
France, 29. 

Ambrister, 107-8. 

Amelia island, 96. 

Anderson, Colonel, case of, 136. 

Apalachicola, fort on, 91. Massacre on, 92. 

Arbuthnot, 105. Trial of, 108. 

Army, reduction of, 221. 

Auction bill, 192. 

Aury's establishment at Galveston, 93. At Amelia island, 94. 

Bainbridge, Commodore, 27. 

Banks, origin of, 45. Principles, 46. 

Bank of United States, charter of, 47. Mismanaged, 139. 
Proceedings concerning, 142. Not liable to be taxed, 
148. Case of, 148. Reports of committees concerning. 
422. 

Bankrupt bill, 233. Debates concerning, 235. 

Barton, senator, 420. 

Beaumarchais, claim of, 138. 

Bonaparte, confinement of, 119. Death of, 227. Disposi- 
tion of the family of, 121. 

Bourbons, restoration of, 120. 

^Boundary, northeastern, 381. Controverey concerning, 382. 

Brown, General, death of, 392. 



440 INDEX. 

Calhoun, report of, on roads, &c., 175. Secretary at war, 
84. Vice president, 286. Case concerning Rip Rap 
contract, 378. Proceedings of congress on, 379. 

Canadas, fortification of, 386. Debates concerning, 397. 

Canals, Erie, 357. Ohio, 360. 

Caucus, presidential, for 1827, 51. For 1825, 281. Origin 
and bad effects of, 54. 

Census, 4th, 194. 

Chehaw town destroyed. 111. 

Claims arising from the war, 40. Commissioners of, 41 . 
73. For spoliations, 62. On France, 63. Spain, 65. 
Naples, 68. Netherlaeds, 69. 

Clay, Mr., secretary of state, 289. Charges against, 285. 
Answered, 286, 327-8-9. 

Cohens, vs. Virginia, case of, 152. 

Colonial system, American, compared with European, 232. 
Trade, report of committee on, 239. 

Colonization society, 303. Proceedings of, 304. Assisted 
by government, 305. Purchase of territory by, 306. 

Columbia, meeting at, 375. Proceedings, 375. 

Compensation law, 42. Repealed, 72. 

Committee of manufactures, 182. 384. 

Cooper, Dr. 375. 

Congress, 14th, first meeting of, 35. — second, 72. 15tlj, 
first meeting, 135 — second, 174. 16th, first meeting, 178 
— second, 218. 17th, first meeting, 233 — second, 247. 
18th, first meeting, 266 — second, 289. 19th, first meet- 
ing, 330— second, 367. 20th, first meeting, 383. 21st,, 
first meeting, 415. 

Constitution, amendments of, 275. 333. Construction of, 
230, 432. 

Crawford, Mr., 251, 393. 

Cumberland road, 290. 

Decatur's expedition against Algiers, 21. Tunis, 25. Tri- 
poli, 26. Death of, 215. 

Debt, imprisonment for, 269. 

Decoudray's expedition, 246. 

Diplomacy, frequent changes in, prejudicial, 409. 

Discharge of Danish and Neapolitan seamen, 26. 

Districts, military division of, 16. 

Divisions, sectional, 16. 

Domain, national, state of, 421. 

Duel between Decatur and Barron, causes of, 216. 

Dueling, 380, 432. 

Duties, tonnage, report concerning, 332. 



INDEX. 441 

Eaton, Mr,, secretary at war, 325. 

Education in United States, 435. 

Election, presidential, 79, 273, 283, 284. Candidates for. 
277. 

Elections, report of committtee on, 239. 

Electors, how chosen, 280. 

Embarrassments, pecuniary, in 1816, 57. 

Emigrations, 59. 

Employment of soldiers on roads, 177. 

Europe, state of, 117. 

Executive power, how designated, 273. 

Excitement, southern, on the tariff, 392, 3, 4, 5. 

Ferdinand, conduct of, 133. 

Floridas, hostile collections in, 91. 97. Ceded to United 
States, 163. Importance of, 170. Invasion of, 109, 
Possession of, 228. Act for the government of, 231, 

Foot, senator, resolution of, 418. Debates on, 419. 

Free people of color, number and character, 298. Proceed- 
ings of South Carolina respecting them, 299. Emigra- 
tion to Liberia, 303. 

Freedom of political discussion, 346. Of religious opinion, 
349. 

Forsyth's mission to Spain, 165. 

Fulton, Robert, 361. 

Furstonwether's application for office, 172. 

Gaines, General, instructions to, 98. Proceedings of, 100. 
Gadsden, fort, 103. 
• Gallatin Mr., 391. 

Georgia claim to Indian lands, 219. Proceedings concern 
ing, 321. 

Greece, application of, to holy alliance, rejected, 134. De- 
scription of, 260. Revolution in, 261. Proceedings in 
congress concerning, 263. Contributions to, 264. Inter- 
ference of European powers concerning, 264. 

Hayti, emigration to, 309. 

Harrisburgh convention, 373. Proceedings, 373. Address^ 
374. 

Holmes, senator, 428. 
=;^^7xJioly alliance, treaty of, 193. Meeting at Troppau, 125. 
■" At Laybach, 126. At Verona, 130. Proceedings of. 
126, 7. 

Indians, number, 310. Land title, 310. Character, 311. 
Usages, mode of warfare, and religion, 312. Civiliza- 
tion of, 313. Mode of obtaining their lands, 317. Trad* 



142 IIN'DEX. 

with, 317. Creek tribe of, 318. Treaty of Indian Springs. 
320. Massacre of M'lntosh, 320. Treaty at Washing- 
ton with, 322. Cherokee tribe of, 323. Civihzation of. 
324. Delegation to Washington, 324. Answer to their 
memorial, 325. Debates concerning, 424. Act for their 
removal, 426. Proceedings of Georgia, 426, 
Internal improvements, bill concerning, 74. Reasons for, 
75. ObjectioHs to, 76. Reports of committees on, 77. 
335. Mr. Gallatin's report on, 75. Veto concerning. 
431. 

Jackson, General, his correspondence with Monroe, 81. 
Order of April 22, 1817, 89. Expedition against the 
Seminoles, 230. Governor of Florida, 288. Proceed- 
ings of, against Spanish officers, 299. Candidate for the 
presidency of 1825, 277. Elected president for 1829, 401 . 
Inaugural address, 408. Proceedings relating to appoint- 
ments and removals, 412. Message, 415. 

.Tefferson, death of, 343. Principles relating to offices, 413. 

Johnson, Richard M., 290. 

Jubilee, American, 343. 

Judiciary, federal, 143. Bill concerning, 334. 

Key West, 253. 

Kentucky, relief laws of, 270, 1. 

Lafayette, 291. Visit to U. S. 293. Reception, 293. Do- 
nations to, 296. Return, 297. 

Land debtors, relief to, 222. 

Law, criminal, amelioration of, 353. Relating to imprison- 
ment for debt, 355. To lands, 355. To civil process. 
356. 

Larche, F., bill for the relief of, 341. 

Liberia, colony of, 307, 8. 

Lloyd, senator, 332. 

Louisiana, boundary of, 160. 

Lyon, Matthew's, memorial, 174. 

Maine and Missouri, addmission of, 178. 

Macomb, General, 402. 

Mallary, Mr., 384. 

Manufactures, depression of, 58. Reports of committer 
on, 191, 385. Testimony concerning, 335. 

Marks, St., capture of, 105. 

Martin, vs. Hunter, case of, 145. 

Masonry, Free, 364. 

Makasuky villages destroyed, 104. 

Message, President Jackson's, concerning retrenchment. 



INDEX. 443 

416. Tariff, internal improvements, and Indians, 416. 
Bank, 417. 

Massachusetts claims, 268. 

Military posts, extension of, 170. 

Minors, enlistment of, 146. 

Missouri, objections to the constitution of, 219. 

Monroe, President, inauguration of, 80. Cabinet of, 84.. 
Tour of, 84. Reception at Boston, 85. Second election 
of, 223. Last message, 289. Administration of, 224. 289, 

Morgan, William, abduction of, 362. 

Negotiations with Great Britain, 29, 30. 

Navigation act, 74. 

Naples, 128, 129. 

Newspapers, patronage to, 389. 

Northwest coast, 242. 

Office, applications for, 410. Nominations to, 411. He 
movals from, 412. Principles concerning, 412. 

Officers disbanded, proposed meeting of, 15. Spanish ba- 
nished from Florida, 229. 

Owenists, 350. 

Panama, congress of, 208. Mission to, 209. Proceedings 
of, 213. Canal across the Isthmus of, 364. 

Peace establishment, 14, 15. 

Parties, 60. 

Pensacola, capture of, 109. 

Pinckney, General, death of, 240. 

Perry, Commodore, death of, 235. 

Piracies, armament against, 252. 

Pardoning, 256. 

Privateering, principles concerning, 133. 

Prisoners, American, in Spain, 199. 

Porter, Commodore, proceedings of, in West Indis^, 252, 
Charges against, 256. Defense, 257. Engages in the 
Mexican service, 258. Conduct at New Orleans, 259. 

Porto Rico, proceedings at, 253. 

Post office, changes in, 411. 

Policy, American, new principles of, 432, 

Rail roads, 359. 

Reports of war snd navy departments for 1828, 403. Of 
committee on reducing executive patronage, 338,9. Of 
ways and means, 1828, 386. Of retrenchment, 389. 428. 
390. 

Rabun, Governor, 111. 

Revolution, American, effects of, 345. 



444 i?fDEx. 

Representatives, apportionment c^ ^37. 

Republics, Southern, extent of, mf. Population, 196. Re- 
volution in, 197. Acknowledgia by United States, 201 , 
Mission to 200. European views concerning, 202. Pre- 
sident's message concerning, 203. Internal affairs of, 
206-7. 

Road, Cumberland, bill for repairs of, 240. 

Sawaney villages destroyed, 106. 

Savannah, proceedings of, 188. 

Seminole war, view of, 113. Mr. Adams* defense of, 114. 
Proceedings of congress relating to, 115. 

Salaries, proposed reduction of, 220. 

Slavery, origin of, 180. Abolition of, 182. Extension of, 
184. Compromise concerning, 187. Excitement con- 
cerning, 188. 

Slave trade, measures to prevent, 194. 

Slaves deported, paid for, 369. 

Spain, revolution in, 130. Negotiations with, 159. Trea-^ 
ty, 163. 

States' liability to be sued, 144. Bankrupt laws of, inva- 
lid, 150. 

Steamboat case, 156. 

Steam navigation, 361. 

Scott, General, 404. 

Spoliations, claims for, 369. 

Stephenson, Mr., chosen speaker, 383. 

Tariff of 1816, 36. 267. 386. British views of, 395. 

Treasury reports, 384. 402. 

Tompkins, vice-president, his accounts, 247. 

Tenure of office, 409. 

Troup, governor, 321. ■ 

Vienna, congress of, 122. j^^^Hb 

NTeto president's 430. ^^11^7 

Virginia resolutions, 372. Mr. Taylor's substitute forJmT 

Convention of, 414. 
Vivos Don, mission of, 167. Correspondence, 168. 

West India trade, 193. Piracies in, 251. 

Woolens bill, 267. 369. 

Webster, senator, 421. 

Yellow-stone river, expedition to, 171. 

Yazoo claim, 319. 




